8th November 2018
Relative disharmony - earlier rights and resolving conflicts
Chaired by Tania Clark, CITMA President, and Richard Goddard, CITMA First Vice-President
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|9am||Registration with light refreshments, exhibition open|
Relying on passing off as earlier unregistered trade mark rights in oppositions
In UK and EU trade mark legislation, trade marks can be opposed on the basis of unregistered trade mark rights. In the UK these are passing off rights? This session will examine these unregistered trade mark rights and the requirements of the UKIPO and EUIPO in proving them as well as look at cases where reliance on such earlier rights has succeeded and the pros and cons of relying on such rights over registered rights.
Amendments to EU Trade Mark Directive and regulation and its impact on oppositions
Leanne will be considering the recent changes to EU trade mark law in relation to relative grounds. In particular, she will be reviewing how this has changed UK law and practice.
Tea and coffee break, exhibition open
Unregistered trade mark rights - a European perspective
What unregistered trade mark rights elsewhere in Europe can be relied upon in EUIPO and non-UK EU member states? Peter's session will examine rights available such as unfair competition available elsewhere and whether it is possible to rely on them in EUIPO and other EU member state oppositions.
Geographical indications and designations
|12.55pm||Lunch, exhibition open|
How to get your ducks in a row
Join Amanda as she looks at best practice in UKIPO proceedings and beyond. Amanda's session will consider the best way to ensure the evidence remains robust if there is an appeal to the Appointed Person or the High Court and will consider strategies involving multiple oppositions.
|3.35pm||Tea and coffee break, exhibition open|
Honest concurrent use
Kelly will be providing a review of the development of the law of honest concurrent use and the how not taking action can result in a junior trade mark owner becoming entrenched. Kelly's session will review case law but also look at circumstances where honest concurrent use has succeeded in opposition cases.
A round up of UK Appointed Person/court decisions involving earlier rights in the last 12 months
“Earlier rights” feature in both section 5(4) and section 11(3) of the Trade Marks Act 1994 as, respectively, a grounds for opposition and as a defence to infringement. Bonita will consider the key recent decisions dealing with these. In particular, she will discuss the Caspian Pizza Limited v Shah and the Student Union Letting Limited v Essex Student Lets Limited decisions which shed light on the more rarely used “shield” aspect of such rights.
|5.15pm||Summary and closing words|
|5.20pm||Drinks, canapés and networking, exhibition open|