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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

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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Snippet 4 MYM Autumn 2014

The difficulty of overcoming an opposition at OHIM on the basis that the two marks actually coexist on the EU market has once again been illustrated in the case of Asos p...

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Snippet 5 MYM Autumn 2014

The latest attempt by Red Bull to monopolise the word Bull for non-alcoholic drinks (Leidseplein Beheer v Red Bull, C-65/12) raised an interesting issue relating to the e...

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Snippet 6 MYM Autumn 2014

You own trade mark rights in a formerly successful brand. However, the heyday of the brand was back in the 1970s and any use was phased out during the 1980s. Even though ...

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Snippet 7 MYM Autumn 2014

Twenty years ago, the hot topic in UK trade mark practice was the issue of look-alikes, the habit of the overly powerful supermarkets that operate in this country paying ...

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Snippet 8 MYM Autumn 2014

By contrast with the CTM proprietor's inability to sustain its registration for Moroccanoil on the basis of acquired distinctiveness, one of the best known price comparis...

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Snippet 9 MYM Autumn 2014

In a decision before the UK Trade Mark Office, the trade mark Canadian Ice was found to be non-distinctive and descriptive in relation to jewellery containing diamonds in...

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Snippet 10 MYM Autumn 2014

In two recent UK revocation actions, the present owners of trade mark rights in famous car marques of the past found that their trade mark registrations were worth signif...

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Snippet 11 MYM Autumn 2014

In the General Court case between The Hut.com and Intersport France (T-330/12), a CTM application for The Hut claiming, amongst other services "retail services in connect...

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Snippet 12 MYM Autumn 2014

The success of the Spanish company Panrico SA in keeping the CTM register clear of marks containing Donut(s) or Doughnut(s) for donuts/doughnuts continues. The latest exa...

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Snippet 13 MYM Autumn 2014

In November 2010, Apple Inc. obtained a US trade mark registration (no. 4277913) for a 3D representation of its flagship stores for a range of retail store services, as w...

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