We are living in unprecedented times, due to the outbreak of Covid-19 (Coronavirus) travel across the EU has been suspended, London tubes are running a reduced service and, unfortunately, many of us will be impacted on a personal level. However, Coronavirus is also having an impact on the world of intellectual property. I should note that at Briffa, we are continuing as normal, our practice continues and we continue to service and support our large…continue reading
In the world of trade marks “confusion” is a big thing. Well actually it’s the “likelihood of confusion” that’s a big thing, actual confusion isn’t actually required – confused? Yes, me too and let’s hope this blog doesn’t confuse things. So why is the “likelihood of confusion” such a big deal: well I am glad you asked, in trade mark infringement and opposition proceedings to be successful a claimant, in most circumstances, must show three…continue reading
Back in 2018 Tiffany Parmar applied to register a UK trade mark for ‘Cotswold Lashes by Tiffany’, covering class 3 (cosmetics), class 41 (beauty school services) and class 44 (beauty care). The jewellery retailer Tiffany & Co opposed this application later that year based on a number of their ‘Tiffany’ UK and EU trade marks. On 8 January 2020 the UKIPO decided that the marks were visually and phonetically similar to a low degree, but…continue reading
Owners of registered trade marks in the UK and EU have to use their trade mark if they want to be able to enforce it. That being said, there is a five year “grace period” from filing in which it is not necessary to demonstrate use of the trade mark to enforce it. After the five-year grace period, if a trade mark owner wants to file an opposition or look to enforce the trade mark…continue reading
The European Union Intellectual Property Office (EUIPO) has released its recent study looking into SMEs and trade mark licencing. The figures are staggering! The survey has shown that the estimated annual revenues from licensing out EU Trade Marks (EUTM) by all SMEs in the EU is EUR 1.9 billion. This annual revenue is estimated as being EUR 64,924 per firm. Trade marks are brand identifiers, they establish a brands distinctiveness and are a go to…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
The Uniform Domain Name Dispute Resolution Process (UDRP) is incorporated via contract into all generic top-level domain names (gTLD) these include .com, .net and .org. This means that the owners of gTLDs will have signed up to resolve disputes (if requested by a third party) by way of the UDRP. The UDRP is a quick cost-effective way of resolving domain disputes which is administered by the World Intellectual Property Organization (WIPO). There is a wealth…continue reading
There is a wealth of law laying a foundation of what is and is not acceptable in the trade mark world, both in the UK and EU, and the details can be easy to overlook when filing an application alone. Often objections relating to a lack of descriptiveness or a non-distinctive character are issued upon the examination of a trade mark application. Both of which are sure fire ways to cause an application to be…continue reading
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“Having Briffa on my side and fighting my case really did fill me with confidence. Every step of the way they guided me and kept me informed. My lawyer Thomas Synott is amazing and comes highly recommended. As a creative and small business owner I would advise the services of Briffa and and there excellent staff.”
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“ My experience with Briffa has been brilliant. I approached Tom Synott about some copyright and IP help and the advice I received from the get go was superb. Tom’s response time has always been incredible and he has really gone above and beyond to hep me with any queries I had, both by phone and email. He really helped me sort out the problem I had with excellent knowledge and efficiency. Thank you!! ”
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“ Briffa, and William in particular, came highly recommended. William was responsive, straight forward and helped me think through all the possible avenues which lay ahead. He made a process which could have been complicated feel incredibly straight forward. I am very grateful. ”