Case comments

Our members give you their insight into intellectual property cases. If you are looking for a specific case, you can search our full library. 

Was it the end of the line for TfL's Metropolitan trade mark?

Could this be an encouragement to keep arguments simple? In Metropolitan Spain v TfL, the Opposition Division exercised its entitlement to focus only on the most effective rights and grounds.

25th Nov 2019 | Case comment

Rubik’s Cube trade mark in puzzling General Court decision

Ruling confirms that the ground for refusal may apply even when a graphic representation does not display all the characteristics that allow the goods to perform their function.

15th Nov 2019 | Case comment

#darferdas? drives new discussion on hashtag distinctiveness

There may be good news for hashtags when it comes to proving genuine use of a trade mark.

16th Oct 2019 | Case comment

UK IPO finds some cause for indirect confusion in Jammin CBD

Looking for a masterclass in the case law on confusion and evidence?

16th Oct 2019 | Case comment

A dose of reality

Lizzie Sergeant summarises the circumstances that saw a celebrity lose out. O/345/19, FERNE BEAUTY (Invalidity), UK IPO, 19th June 2019.

14th Oct 2019 | Case comment

Rock on?

This wasn’t the case for the Applicant, explains Louise Foster. O/363/19, ROCK CITY (Opposition), UK IPO, 1st July 2019.

14th Oct 2019 | Case comment

Resting on reputation

The choice to abandon an opposition ground is examined by Ryan Kellingray. B 3 048 470, Abercrombie & Fitch Europe Sagl v Tarkan Soner Sevinçli, EUIPO, 23rd July 2019

14th Oct 2019 | Case comment

Turtle troubles

Amelia Skelding is reminded that small differences can have a big impact. B 2 686 593, Certina AG v TRB International SA, EUIPO, 30th July 2019.

14th Oct 2019 | Case comment
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