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  • Trade Mark Searches – important notes

    13 August 2019

    Trade mark searches are conducted to assess the risk of infringing earlier third party rights through the use of the proposed mark. This guide includes definitions of the types of rights and searches, international searches and key limitations.

  • Steven Jennings comments for The Telegraph: Fraudsters try to cash in on the good name of British legal companies

    Press

    15 July 2019

    Steven Jennings has commented in an article for The Telegraph that discusses how leading British law firms are being targeted by cyber criminals who set up fake email accounts and pose as top lawyers to try to con people and companies out of millions.

  • European Union Trade Mark Opposition Procedure

    Inbrief

    21 May 2019

    The European Union trade mark (“EUTM”) opposition procedure is a process that enables third parties to prevent EUTM applications from achieving registration in certain circumstances.

  • New gTLD domain

    Inbrief

    21 May 2019

    In one of the most far reaching developments to effect the internet since its creation, in January 2012 ICANN will start the process of releasing potentially hundreds of top level domain names for use by brand owners or as generic references. This presents unparalleled opportunities and risks for all brand owners, and only the best prepared are likely to meet those challenges.

  • Trade Mark and Domain Name Watch Services

    Inbrief

    21 May 2019

    There is a temptation for trade mark owners to breathe a sigh of relief as they eventually file their trade mark applications. It is often the culmination of months of work searching for any prior rights and perhaps investigating, negotiating, cancelling or acquiring such rights. It is an end, but only to the beginning of a brand’s lifecycle. Once the application is filed, this is when the brand protection programme begins in earnest.

  • UK Trade Mark Opposition Procedure

    Inbrief

    21 May 2019

    The opposition procedure is a process that enables third parties to prevent trade mark applications from achieving registration in certain circumstances.

  • LSNetminder - Domain Name Management & Dispute Resolution

    Inbrief

    21 May 2019

    It is now very rare to come across a business without any online presence. As a result, domain names have become a crucial aspect of intellectual property and one which requires careful management. Unauthorised third party registrations are now much more prevalent with fraudulent activity such as phishing and cyber squatting.

  • Trade Mark ‘Use’ Requirements

    Inbrief

    21 May 2019

    The purpose of a trade mark registration is to protect marks that are either a) in use; b) intended to be used; or c) are not being used, but with a valid reason.

  • Trade Mark and Design Searches

    Inbrief

    20 May 2019

    Whenever a new launch is proposed, whether it is for a product, brand, business name or an advertising campaign, there is always a risk that someone else is already using an identical or a similar name or design. If so, then that party may be entitled to obtain an immediate injunction from the court to prevent the launch and obtain damages for trade mark, design right or copyright infringement and/or passing off.

  • Trade Marks in the United States

    Inbrief

    20 May 2019

    Trade mark rights in the United States arise from use of a trade mark, not registration. However, a registration acts as a public record of your trade mark, and places other possible users of the same or confusingly similar marks that you already holds rights in the trade mark throughout all fifty states. Whilst registration is not mandatory in the United States, registration is highly recommended; proving the existence of unregistered rights in your trade mark is difficult, very expensive, and at best, can show rights only in those States where you can show you have actively used the trade mark.

  • Trade Mark and Design Services

    Inbrief

    20 May 2019

    The IP, brand, trade mark and portfolio management team at Lewis Silkin comprises more than 50 lawyers and trade mark attorneys along with specialist support personnel.

  • UK Trade Marks

    Inbrief

    20 May 2019

    A trade mark registration for a business, brand or product name, a logo, slogan or other trade mark provides a business with the most effective form of protection against a competitor making improper use of its trade mark. Whilst a trade mark might be capable of being protected through other areas of the law, such as passing off, copyright or design right, registering a trade mark has a number of important benefits.

  • Preparing a trade mark infringement or passing off case: practical considerations?

    Inbrief

    20 May 2019

    This checklist is aimed at rights owners and their advisers, including in-house lawyers, who are considering bringing a trade mark or passing off action in the UK. It provides a brief series of tips and pointers on things to consider when preparing a case.

  • Lewis Silkin advises Urban Innovation Company in their development and implementation of pulse smart hubs in Belfast

    Deal

    26 February 2019

    Lewis Silkin advised Urban Innovation Company (UIC) on its recent and exciting project of introducing the first smart hubs to the streets of Belfast. The £3M project, funded entirely by UIC which designs and builds next generation telecommunication hubs, will help people stay connected - and even save lives. Lewis Silkin supported UIC with a variety of commercial, corporate, IP, planning and data privacy related advice.

  • Sinéad Mahon and Duncan Balloch write for The Trademark Lawyer: Cadbury purple trademark case

    Press

    18 February 2019

    In an article for The Trademark Lawyer, Sinéad Mahon and Duncan Balloch discuss the latest decision by the Court of Appeal over a trademark dispute relating to the specific shade of purple used by Cadbury's chocolate packaging.

  • Sinéad Mahon comments for Intellectual Property Magazine: EUIPO makes mincemeat of McDonald’s ‘Big Mac’ TM

    Press

    22 January 2019

    Sinéad Mahon has commented in an article for Intellectual Property Magazine which discusses McDonalds recently having its 'Big Mac' and 'Mc' trademarks revoked by the European Union Intellectual Property Office (EUIPO).

  • Professional Representation before the EUIPO in a Post-Brexit World

    30 October 2018

    Whilst the status of, and procedures affecting, EUTMs and other EU IP rights in a post-Brexit world are a concern for brand-owners, UK trade mark professionals face an additional headache in that there is a significant risk that their ability to represent clients before the EUIPO may shortly be lost. This is an important issue, as acting on matters before the EUIPO will account for over half of trade mark and design related revenue for many firms.

  • Sports Q&A - EU trade marks post-Brexit

    03 September 2018

    We hold registered EU trade marks to protect our tournament name and logos. Post-Brexit will we still have protection in the UK?

  • Can we remove “limited” from the end of our company name?

    30 July 2018

    In certain circumstances a private limited company can apply to Companies House to be registered with a name that does not have “limited” (or the Welsh equivalent) at the end. This article summarises the circumstances of this exemption.

  • Latest Developments in the European Commission’s Draft Withdrawal Agreement – Trade Marks and Designs

    22 March 2018

    Since the Brexit result was first announced, there has been great deal of uncertainty for the UK (and wider EU) regarding the continuity of laws, policies, regulations and practices in relation to various facets of daily life. One of the major areas of uncertainty has been the continued protection to owners of EU registered Trade Marks and Designs.

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