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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…
Background This trade mark case involved an opposition based on Section 5(2)(b) as well as a claim for "bad faith" under Section 3(6). The opposition was partially successful under the Section 5(2)(b) ground, but the opponent’s lack of evidence meant that they were unable to establish bad faith and this claim under Section 3(6) failed in its entirety. Details On 8 September 2022, the Turkish applicant MEMİŞOĞLU TARIM ÜRÜNLERİ TİCARET LİMİTED ŞİRKETİ filed a UK trade mark application to register…
If you are a business owner dealing with a trade mark dispute and being challenged by another party in tribunal proceedings, then it is sometimes important to know how to manage the scope of your trade mark registration or application in so far as the goods and/or services it covers because successfully doing so can often lead to settlement and moving past the dispute. This practice notice from the UK Intellectual Property Office (UKIPO) offers guidance on how to handle…
Intellectual property (IP) is often an unsung hero in the world of business. Whether it's your brand name, product innovation or unique invention, your IP is a vital asset that deserves robust protection. In today’s competitive market, safeguarding your IP isn’t just important. It is essential. Exciting News for SMEs! The UK Intellectual Property Office (UKIPO) has just launched a brand new financial support scheme tailored for small and medium-sized enterprises (SMEs) called "IP Advance". This initiative makes securing and…
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…
Romania will join the Unitary Patent system with effect from 1 September 2024. This brings to 18 the number of countries participating in the Unitary Patent system (all of which are necessarily member states of the European Union). Consequently, European patents for which a request for unitary effect is registered from 1 September 2024 will automatically cover all 18 countries (i.e., including Romania). Such patents are referred to as “Unitary Patents”. It should be noted that the territorial…
Background Hornby Street Ltd was a company producing and selling clothing, footwear, and headgear goods bearing the mark SANTA MONICA POLO CLUB and featuring a logo depicting polo players on horseback. Lifestyle Equities CV and another (Lifestyle), owners of trade marks for BEVERLY HILLS POLO CLUB and a comparable polo player logo (see image below), sued Hornby Street Ltd for trade mark infringement on the basis that the mark being used was similar to their established trade mark rights and…
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 22nd January 2024, the UK Intellectual Property Office (UKIPO) issued a decision on a case which called into question the validity of a "snap bar mould", the subject of UK design registration no. 6136045 in the name of Paul Cardy (Mr Cardy). The design application had been filed on 10th May 2021 and showed a single image of a ‘"5-celled silicone snap bar mould". The illustration under the design registration was depicted below: A "snap bar" is a bar…
On 22nd January 2024 a decision was taken by the UK IPO regarding the validity of a registered design no 6196574 in the name of UAB ORBIO WORLD (UAB). The registered design was filed on the 15th March 2022, showing a ‘cosmetic patch’. The main illustration of the design is depicted below: The invalidity action was filed by MB ‘VIZUALI RECLAMA’ (MB) on 14th July 2022 on the basis that the product depicted in the registered design created the same…