Insights & News

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.

An agency guide to trade mark searching

Inbrief

20 January 2017

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.