Due to the “first to file” system that operates in relation to the registration of trade marks in China, there are copious instances of trade mark squatting. This presents a major problem for those trying to protect their brands in China. However, there has been a recent development in this area. A trade mark in China, can be invalided on one of two grounds. Either on relative grounds, which means that the trade mark in…continue reading
Ferrero is the manufacturer of the well-known comfits marketed and sold under the ‘Tic Tac’ brand. If you don’t know what a ‘comfit’ is (I didn’t), it’s “a sweet consisting of a nut, seed, or other centre coated in sugar” (thanks, Google). ‘Tic Tac’ is obviously a very well-known brand name and is protected by various trade mark registrations for the words ‘Tic Tac’ and various versions of the Tic Tac logo in numerous territories…continue reading
The UK Intellectual Property Office’s (UKIPO) decision on costs O-694-19 between Retina International Ltd (Retina International) (the trade mark applicant) and Apple, Inc (Apple) (the opposing party) gives a good warning as to costs in trade mark opposition proceedings. Hearing Officer, Mark King, ordered Retina International pay Apple the sum of £24,550 being Apple’s reasonable costs – I bet Retina International wish they saw that one coming! Well in fact perhaps it did see it…continue reading
If someone does work for you, but you have yet to sign a written contract (or even orally agree to a contract), can you still be held liable to pay for the work? In AMP Advisory & Management Partners AG v Force India Formula One Team Limited, the High Court said yes. What happened? The facts of this case are relatively simple: Force India entered into a sponsorship agreement with an Austrian water company, which…continue reading
It is common practice for fashion, beauty and design industries generally to use style names to differentiate between their products and lines – think of iconic Hermes’ ‘Birkin’ and ‘Kelly’ bags – which is far more convenient and customer-friendly than applying numerical codes to the products. These creative industries are very fast-moving, with numerous new products and styles being introduced at least every season – and the designers come up with dozens new style names…continue reading
While viewing figures for the last run of the Great British Bake Off are reportedly down the program is well ingrained in the country’s popular culture. There is even a Junior GBBO presumably intended to capture some of the magic and viewers the adult show is losing. With such success comes opportunity for the owners of the rights in the program to choose the direction of further exploitation and spin off and ultimately make more…continue reading
It’s been a while since Conor’s been in the IP limelight, especially when it comes to registering trade marks. However, following on from a few months back discussing McGregor’s difficulty with trade mark registration it looks as if McGregor’s legal team aren’t willing to back down from this fight. Just by way of background, McGregor Sports and Entertainment handles the majority of the sports star’s Irish business and filed an EU trade mark application for…continue reading
Drake, Canada’s biggest export since Shania Twain and maple syrup, is trying to trade mark his home country’s cannabis warning label in the United States. Dream Crew, a co-venture between the rapper and Adel Future Nur, has teamed up with Ontario-based Canopy Growth to launch a cannabis wellness company called More Life Growth Co. Dream Crew has now filed an application with the US Patent and Trademark Office for a red stop sign showing a…continue reading
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