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UNITARY PATENT

In 2012 Member States and the European Parliament agreed on the "patent package" - a legislative initiative consisting of two...

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Make Your Mark Autumn 2014

Autumn 2014

IP law is about protecting ideas, and not just in the world
of patents. Branding, too, grows ever more creative as technologyadvances, and the law must keep pace inorder
to protect and reward innovation for the benefit of both
market and consumers.


Highlights this month

  • Introduction
  • Nestle and Cadbury Shape up for round two 
  • Disclosure of Retail Suppliers in Wilko v Buyology
  • The scope and protection of black and white trademarks

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in this issue
featured

Introduction

IP law is about protecting ideas, and not just in the world of patents. Branding, too, grows ever more creative as technology advances, and the law must keep pace in orde...

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Nestle and Cadbury Shape up for Round Two in KitKa...

As regular readers will remember, in the Autumn 2013 edition of Make Your Mark (see “Snippets”), we reported Cadbury’s successful opposition to Nestlé’s UK trade mark app...

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THE SCOPE OF PROTECTION OF BLACK AND WHITE MARKS I...

The Convergence Programme was established in June 2011 to harmonize the practice of OHIM and the national IP offices of the EU member states. Five projects were launched ...

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Consider the Source: Disclosure of Retail Supplier...

Where a retailer sells an infringing product, that is rarely the end of the trail. The product normally comes from somewhere else, and that source may be supplying others...

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UK COURT DIARY

Nestle and Cadbury Shape up for Round Two in KitKa...

As regular readers will remember, in the Autumn 2013 edition of Make Your Mark (see “Snippets”), we reported Cadbury’s successful opposition to Nestlé’s UK trade mark app...

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Gloom for glee

A glee club is a musical group which traditionally specialises in the singing of short songs – glees. The first such club is said to have been established in Harrow Schoo...

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Pole Chancer

Advising a client to bring an application for Summary Judgment is difficult. The dividing line between whether a defendant has a real or “fanciful” chance of success is b...

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Enterprise v Europcar

DRIVES NEW THINKING ON SURVEY EVIDENCE We all thought that we knew where we stood on survey evidence in the UK. Following the Interflora cases and the Zee Television cas...

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Whither the Collective Mark

Traders own trademarks, associations own collective marks. The former distinguish the goods of one trader from those of another, the latter the goods of members from thos...

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Consider the Source: Disclosure of Retail Supplier...

Where a retailer sells an infringing product, that is rarely the end of the trail. The product normally comes from somewhere else, and that source may be supplying others...

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snippets

Snippet 1 MYM Autumn 2014

How a trade mark is used by its owner, and perceived by the relevant public, can have a major impact on both registered and unregistered rights in the mark. This basic te...

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Snippet 2 MYM Autumn 2014

More on use, in particular trying to prove genuine use of a trade mark in OHIM opposition proceedings. A recent General Court case featuring two Romanian based producers ...

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Snippet 3 MYM Autumn 2014

We have noted in previous editions of Make Your Mark that the UK Trade Mark Office can take an extremely strict view on how different a mark that is in use on the UK mark...

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in the uk office

Cadburys dream turns into a Swiss nightmare

In July 2011, the Swiss company, Goldkenn SA, applied to register the trade mark SWISSDREAM for goods in Class 30 including "confectionery and ices"Cadbury dream is a whi...

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european perspectives

In the end Class 5 practice can be confusing

Two recent decisions, one before the UK Trade Mark Office, the other before the General Court, show that when it comes to trade mark oppositions in Class 5, anything can ...

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THE SCOPE OF PROTECTION OF BLACK AND WHITE MARKS I...

The Convergence Programme was established in June 2011 to harmonize the practice of OHIM and the national IP offices of the EU member states. Five projects were launched ...

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out and about

Reception for the launch of Angela Fox's new book ...

To be held at the Oxford & Cambridge Club, London on 17 September 2014. ...

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Marques Conference

Copenhagen

23 - 26 September 2014

Joanne Ling​

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PTMG Autumn Conference

Chicago

8-10 October 2014

Katie Cameron
Kana Enomoto

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