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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…
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…
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…