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When considering registered trade mark protection, you may be aware of the options to apply to register a name or logo, but you may not realise there are a number of other possibilities available. This is because a trade mark is understood to be any sign that is capable of being represented by the trade mark register - as long as it is clearly understood what is being protected. No matter what format of the trade mark it must always…
In today’s innovation-led economy, intellectual property (IP) is far more than just a legal "tick box". On the contrary, IP must be considered as a cornerstone asset for start ups and early-stage businesses aiming to attract investors and secure funding. Whether IP is accrued through patents, trade marks, designs or a combination of these, the protection acquired demonstrates value, fosters trust and opens doors to opportunities. Intellectual Property as a Foundation for Business Growth [su_quote]Start ups with IP protection are…
On 15th November 2024, the Supreme Court handed down its long-awaited decision in the case of SkyKick v Sky. The decision is a very important one for the trade mark profession because it significantly reshapes the landscape of UK trade mark law. In essence, there are now grounds to argue (and succeed) for a case of “bad faith” where a trade mark application has been filed using a very broad specifications of goods and/or services. Until now, this broad filing…
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…
In today's highly competitive business environment, intellectual property (IP) is one of the most valuable assets a company can possess. From patents and trade marks to trade secrets and design rights, intellectual property forms the backbone of a company's innovation, branding, market position and success. However, many businesses fail to fully understand or manage their intellectual property assets effectively. This is where an IP Audit comes into play. An IP Audit is a systematic review of a company's intellectual property…
Can You Patent Software or an App? Here’s What You Need to Know We are asked routinely whether it is possible for a business or individual to patent software and obtain legal protection for it. In today's tech-driven world, software and applications are at the heart of many innovations. If you have developed a new piece of software or an application, one of the first questions you may ask yourself is: Can I patent this? The answer to patenting software…
SH&P at the Engineering Design Show 2024: Showcasing the Importance of Intellectual Property Protection for Engineers and Designers [su_quote]Intellectual property (IP) protection is crucial for engineering and design businesses.[/su_quote] Stevens Hewlett & Perkins (SH&P) had the pleasure of exhibiting and speaking at this year’s Engineering Design Show (EDS), held at The Coventry Building Society Arena. For over a decade, EDS has been the "go-to" event for mechanical, electronics and design professionals. We were highly excited to be part of this…
A recent announcement by WECA (West of England Combined Authority) provides great news for small and medium-sized enterprises (SMEs) in the south west region. The second round of the Intellectual Property (IP) for Growth Grant Scheme has just been launched, offering up to £8,000 to help businesses strengthen their intellectual property assets and drive growth. How Can the Grant Help Your Business? Intellectual Property is about more than just protecting ideas; it is a powerful business asset that can be…
Did you know that Stevens Hewlett & Perkins offer free IP Clinics to any business or individual, which can be held in-person, online or by telephone? In today’s rapidly evolving business landscape, safeguarding your intellectual property (IP) has never been more critical. Whether you are an individual innovator, a dynamic start-up or a well-established multinational company, the value of your IP can be the cornerstone of your success. Even so, navigating the complex world of intellectual property law can be…