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Background On 27 June 2024, the UK Intellectual Property Office (UKIPO) issued a decision (under case reference O/0611/24) for a trade mark opposition case in which the opponent (Netflix Studios, LLC) had claimed the applicant (Zheng Shu) had filed a trade mark application in bad faith and contrary to the law of passing off. The mark in question was for the sign “Thinkingcaphellfireclub”, filed by Zheng Shu on 10 June 2022 in relation to toys and games. It was opposed…
Trade mark "revocation" is a legal process that allows anyone to try and remove a trade mark registration from the UK register. Revocation for Non-Use – Use it or Lose It When you apply to register a UK trade mark, you have to declare that you have a bona fide intention to use that trade mark in relation to the goods and/or services it covers. If, after five years from the date of registration, you have not used the trade…
What is Distinctive Character? By definition, a trade mark must be able to distinguish the goods and services of one business undertaking from those of another. This allows a consumer to choose between products from different sources when selecting one for purchase. When a trade mark application is filed, it is examined to determine whether it has sufficient distinctive character. But what does this mean, and how is it assessed? A recent decision taken by UK Intellectual Property Office (UKIPO)…
On 6th March 2024, the giant retail platform Amazon was defeated by a Supreme Court decision which ruled Amazon had infringed UK and EU trade marks by targeting British consumers from its US "amazon.com" website. This case was brought by Lifestyle Equities, who own registered trade marks in the UK and the EU for the words ‘Beverly Hills Polo Club’ and its logo. It was brought at a date when the UK was still part of the EU and although…
In 2023, a London cyclist, who posts footage to a YouTube Channel under the name of 'Chapona Bicyclette' showing vehicles making dangerous manoeuvres around or near cyclists, uploaded footage of a van overtaking the cyclist in an allegedly dangerous manner. The cyclist also sent the footage to the company that owned the van (Cornices Centre), with an expectation of an apology and assurance that the driver of the van would receive an appropriate reprimand. Instead, the cyclist received an email…