Patent Term Patent Term Adjustments (PTA) Applicants can now request PTA within 3 months of the grant for patents which are granted 4 years after the filing date, or 3 years after filing a request for examination, whichever is later. When calculating the adjustment...
In a little more detail, Lidl had argued that Tesco had infringed its copyright, trade mark registration, and passing off rights of its Lidl logo, by Tesco’s use of their Clubcard prices (CPP) logo. This argument succeeded in the Judge’s Decision. However, the Judge...
Background The KaiKai Company Jaeger Wichmann GbR (‘KaiKai’) filed a multiple design application for the registration of 12 community designs with the EUIPO on 24 October 2018, claiming priority based on a patent application (PCT/EP2017/077469) filed on 26 October...
The UPC’s rules of procedure provide that when deciding whether to grant a preliminary injunction, the court may require the party applying for the preliminary injunction to show with a “sufficient degree of certainty” that the patent in question is valid and...
Priority Historically, the EPO have assessed formal entitlement to priority quite strictly. In scenarios where a priority application is filed by joint applicants, all of them, or their respective successors in title, must be named on the subsequent priority claiming...
Background Early in 2020 (as the Covid-19 pandemic began), Thatchers launched its Cloudy Lemon Cider, which was also registered as a trade mark in the United Kingdom. The packaging of this canned beverage is shown below: Two years later, Aldi launched a similar cloudy...
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