Organisation: UK Intellectual Property Office

Following a consultation on amendments to the UK design legislation, the UK Intellectual Property Office has proposed to remove the limitation on liability for innocent infringement of UK registered designs, and to equalise the remedies available for innocent infringement of UK and Community design rights.

01 October 2012

In <i>Jackson International Trading Co v OHIM</i>, the General Court has upheld a decision of the First Board of Appeal of OHIM finding that Jackson International Trading Co’s word mark ROYAL SHAKESPEARE, registered for goods in Classes 32, 33 and 42, was invalid. Among other things, the court found that the reputation of the Royal Shakespeare Company's marks in the United Kingdom was sufficient to establish a reputation at EU level.

20 July 2012

It is no surprise, with the application window open and the ICANN community meeting in Costa Rica, that the most-read story on <i>WTR</i> in March centred on the expanding online world.

03 April 2012

While an examination of the UK government’s role in protecting and promoting intellectual property has been announced, policy only works when it benefits all stakeholders. Small businesses are often the missing component from the trademark ecosystem – something the UK Intellectual Property Office is looking to correct. Could these efforts create the customer of tomorrow for trademark service providers?

19 March 2012

In <i>Wella Corporation v Alberto-Culver Company</i>, the High Court has upheld a decision of a hearing officer rejecting Wella's application to invalidate Alberto's mark FUNKY SHAPER based on its earlier mark SHAPER. Among other things, the court dismissed Wella’s argument that a finding that SHAPER was not distinctive was tantamount to the suggestion that its mark was invalid, and that invalidity was not open to the hearing officer as a matter of law.

22 February 2012

In a preliminary decision, the UK IPO has dismissed Nestlé’s opposition to Cadbury’s application to register the colour purple (Pantone 2865c) as a trademark for chocolate bars, tablets and drinks. The IPO found that the colour had acquired enough distinctive character associated with Cadbury’s goods. However, in a partial victory for Nestlé, the mark will not extend to chocolate confectionary, assortments and cakes.

24 November 2011