NOW WE ARE 28
Croatia will become the latest member of the European fold on 1 July 2013, when it finally accedes to the European Union.With Croatia's accession the number of EU member...Read More
uk court diary
GETTING GRAPHIC REPRESENTATION
"A trade mark may consist of any sign capable of being represented graphically".
This requirement for trade mark registration under Section 1(1) of the Trade Marks Act 1...Read More
Exclusion Clauses - How Far Do They Go?
Amendment by way of a limitation or exclusion of goods is an effective way of distinguishing your trade mark application from a prior application or registration of anoth...Read More
Surveys: Is There Any Point?
Historically, trade mark surveys have had something of a bad press. Judges have been quick to criticise the quality of survey evidence, frequently due to the leading natu...Read More
To Stay or Not to Stay
Legal proceedings in IP matters are sometimes brought in order that parties have some form of commercial certainty that they are free to operate without attack from a thi...Read More
Snippets Spring 2013
Pelikan Vertriebsgesellschaft (Pelikan) is a German supplier of writing instruments, stationery and printing materials. They employ a distinctive combination of the word ...Read More
Viva la Difference? Well, Not Always.
It is never a surprise for us to hear that a trade mark owner is using its registered mark in a different form to that in which it was registered. In Bernhard Rintisch v ...Read More
What Constitutes Genuine Use of a CTM? THE JURY RE...
The recent judgment in ONEL has provided guidance on what factors should be considered when determining whether there has been genuine use of a CTM in the Community. In r...Read More
Application by an Agent? Better Have That Consent
In today's climate, businesses are extending their trade to more than one territory by way of distributors, agents and other parties that enable their products to find th...Read More
CTMS AND REGISTERED DESIGNS IN CONFLICT in Herbert...
It is now well established that the validity of Community Designs can be challenged, under Article 25 of the CD Regulation (Regulation 6/2002/EC), on the basis of earlier...Read More
Jenkins news & out and about
News Spring 2013
We are pleased to announce that Theresa Castle has joined Jenkins as an Associate. Theresa obtained a postgraduate certificate in Trade Mark Law from Queen Mary, Universi...Read More