A recent decision of the UK IPO in opposition proceedings illustrates the need to be able to supply appropriate and adequate evidence of use if an Opponent relies on an earlier right which has been registered for more than 5 years. It also serves as a reminder that you will not be awarded costs even if you are the winning party, unless you actually ask for them!
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Registered Community designs (RCDs) and registered UK designs are used to protect the design of the shape and appearance of the whole or part of a new product. This article looks at a practical, real-life example of how a company has used registered designs to protect the design of a new product.
read moreThe European Patent office (EPO) and the China National Intellectual Property Administration (CNIPA) have recently announced an agreement to give patent applicants filing an international patent application, in English, at the CNIPA as receiving office, the choice to opt for the EPO as their International Searching Authority (ISA). It is currently expected that this new option will be introduced sometime in 2020, and be implemented as a two-year pilot programme.
read moreConsumer outrage against e-retailer Backcountry.com illustrates the risks of taking an overly aggressive approach to the enforcement of trade mark rights, particularly where the mark in question is arguably quite descriptive.
read moreA recent decision of the UK IPO demonstrates the importance of filing evidence of reputation, if available, as well as sufficient evidence of use when an opposition relies on a mark which has been registered for more than 5 years.
read moreOctober was a bad month for shapes. Not only did the General Court confirm the cancellation Seven Town’s EU Trade Mark Registration for the 3D shape of its mind-boggling ‘Rubik’s Cube’ toy, the EUIPO’s Cancellation Division also declared Gibson Brands, Inc.’s Registration for a 2D depiction of the shape of its ‘Firebird’ or ‘Thunderbird’ guitars partially invalid.
read moreThe Internet of Medical Things (IoMT) is a subsection of the more well-known Internet of Things. Broadly, the IoMT is a connected infrastructure of medical devices, software applications, and health systems and services. This infrastructure aims to improve accessibility of healthcare, while improving patient health and satisfaction with healthcare services. In 2016, it was predicted that by the year 2020, 40% of IoT technology will be health related1 (more than any other subsection). It has also been predicted that by 2022, the IoMT market will be worth roughly US$158 billion2, compared to a comparatively measly US$24 billion in 20163. We at Reddie & Grose have been closely following the progress of the IoMT which encompasses many rapidly advancing technologies and a number of potentially patentable areas.
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