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
The Italian Patent and Trademark Office issued a Decree providing for a stay of all official deadlines falling within 9 March and 3 April 2020....more
EUIPO - For those with European Union Trademarks (EUTMs), the European Union Intellectual Property Office (EUIPO) in Alicante, Spain remains open although all staff are now working from home and it has extended all...more
Following approval of the Withdrawal Agreement, the UK left the EU on 1 February 2020. We are currently in the transitional period (the "Transitional Period"), during which time EU law shall continue to apply to the UK. ...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
The European Union Trade Mark (EUTM) is a single trade mark that applies in all 28 Member States of the EU, including the UK. In a referendum in June 2016, the UK voted to leave the EU. When the UK leaves the EU, the EUTM...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
Further changes to the EU Trade Mark (“EUTM”) system come into effect on 1 October 2017. These are the next step in the EU’s trade mark reforms, which are aimed at modernising the system to make it technologically up-to-date...more
The distinctiveness of a trademark is one of the conditions for obtaining a European Union trade mark (“EUTM”) registration. The concept of a trademark is defined through the prism of distinctiveness as its inherent...more
The UK government triggered Article 50 on 29 March 2017. However, there is still little clarity on the repercussions of Brexit for European Union trade marks (EUTMs), including the issue of non-use. ...more
The process of Brexit will take time, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating across all our offices and working with clients on your key concerns and...more
Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more
The United Kingdom’s decision to leave the European Union may have far reaching consequences for immigration and trade and it will have an impact on trademark rights as well. For those trademark owners who have sought to...more