Infringement of trade marks can be a criminal offence, as well as being actionable in civil law. Criminal provisions are included in Section 92 of the Trade Marks Act 1994. While criminal offences are most often associated with organised crime groups who are dealing...
UK and European trade mark law prohibits the registration of marks which are descriptive of the goods or services for which registration is sought, unless the applicant can prove that they have acquired distinctiveness for the goods or services in question through use...
The Courts of Justice of the European Union (CJEU) have now issued Decision C-494/15 (Tommy Hilfiger Licensing vs Delta Center) following a referral from the Czech Supreme Court. The decision arises from legal action by trade mark holders to force the company that...
Introduction As some may recall, Nestlé have previously been successful in opposing the registration of one of Cadbury’s purple trade marks in Société Des Produits Nestlé S.A. v Cadbury UK Ltd [2013] EWCA Civ 1174. This UK Court of Appeal ruling reversed...
The new European Union Trade Mark Directive and Regulations, which were published in December 2015, come into force on 23 March 2016. This will result in a number of significant changes to trade mark practice in Europe. The new Regulations introduce changes to the...
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