! Please enable JavaScript to view this site correctly.
! You are viewing this site on an outdated browser. Upgrade now to view this site correctly.
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…
[Pictured above with The Willow Tree Centre staff are Dave Burborough, Leanne Rogers and Camila Magalhaes Silva of SH&P] As 2024 comes to an end, we are delighted to look back on a fantastic year of fundraising for The Willow Tree Centre, a cause that means so much to us at SH&P. Thanks to the enthusiasm and generosity of our Partners and staff, we have this year raised an incredible total of £2,376.80 to help support the Centre’s vital work.…
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…