Background In this case, the claimant started infringement proceedings against the defendants in respect of four registered UK trade marks at the UK’s Intellectual Property Enterprise Court (“IPEC”). In reaching her decision, the IPEC judge (Her Honour Judge Melissa...
Background In November 2023, a Dutch national, filed a BENELUX application for the trade mark “ART PENGUIN”, shown below, covering goods in class 2, for paints, primer coatings and pigments, and class 16, for paper, bookbinding material, artist supplies and...
Article 7 of the EU Trade Mark Regulation (EUTMR) states absolute grounds for refusal of registration of a trade mark including that a sign shall not be registered when the sign consists “exclusively of […] the shape, or another characteristic, of goods which is...
This judgement marks an important step forward in clarifying the definition of ‘bad faith’ and highlights the importance of having a genuine intent to the use trade marks for all goods and services covered. Background Sky, the well-known television, telephone,...
UK Opposition Fontana filed applications for the marks “GRILLOUMI” and “GRILLOUMAKI” in the UK for services relating to providing food and drink, coffee shops and restaurants, as well as goods including food products, and condiments. These...
Background with respect to first instance proceedings On 21 April 2022, Guangzhou Ya Ti Ao Jia Cosmetics Co., Ltd ‘Guangzhou’ applied to register the figurative mark for various cosmetics in class 3. In May 2022, L’Oréal filed an opposition against the...
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