NGE On Demand: Trademark Updates Post Brexit with Andrea Fuelleman
With much surprise to both the EUIPO and most of the legal IP community, the General Court (GC) in a judgment of 16 March 2022 in case Nowhere v. EUIPO holds that UK passing off rights remain valid earlier rights in EUIPO...more
NGE Intellectual Property attorney Andrea Fuelleman discusses the potential implications of Brexit on the status of trademark rights and registrations in the EU and UK as of January 1, 2021. If you have any questions,...more
A mere three and a half years after the 2016 referendum on membership of the European Union, the UK looks set to “leave” the EU on 31 January 2020. Instead of exiting without a deal (which at one stage looked distinctly...more
With a “no-deal” scenario looking increasingly more likely, what should brand owners be doing to prepare for 31 October this year? EU trade marks in the UK - Once the UK leaves the EU, existing EU trade marks (EUTMs)...more
As part of a collaboration between EUIPO (the EU Intellectual Property Office) and EURid, a new service has been launched that allows EUTM (European trade mark) applicants and rights holders to opt-in to receive alerts as...more
Certification marks are part of national trade mark law in a number of Member States and since the reform of European trade mark law, the EUTMR now covers them under articles 83 to 93. ...more
Since 2016, European trademark law has gone through its most substantial reform since the implementation of the (former) Community trademark system in 1996. ...more
Judgment of 7 December 2017 in Case T-61/16 – The Coca-Cola Company v. EUIPO / Modern Industrial & Trading Investment Co. Ltd (Mitico)) - The General Court confirms that actual commercial use of an EUTM application can...more
(Judgment of 11 October 2017 in Case C-501/15 P – EUIPO v Cactus) - The CJEU confirms that two cases which fundamentally changed the EUIPO approach to construing the scope of protection of EUTMs do not have retroactive...more