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!
Insights: UK trade mark law
A 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.
Hot off their memorable 2-0 victory over Tottenham Hotspur in the Champions League Final this summer, Liverpool FC thought it wise to bolster their brand protection to stop others from also benefiting from their success by selling imitation products. And rightly so, but it seems Liverpool FC might have been a little too ambitious in what they thought they could protect as their ‘brand’.
The Directive (2015/2436) was designed, in part, to make trade mark law across the EU fit for the digital age. It causes, as of today, some important changes to UK trade mark law and is something quite separate from any Brexit-based reforms.