The Unified Patent Court (UPC) has had a rough few years. It felt so close to implementation in 2017, and then it hit two major obstacles. Firstly, there was a constitutional complaint in Germany that their ratification of the Agreement on the UPC breached the German constitution. Then, following the UK Brexit vote, the UK Government eventually withdrew its previous ratification of the Agreement on the UPC. The most recent news is that the first obstacle to the UPC appears to have been...
The EUIPO announced recently that Formula 1 star Lewis Hamilton has been unsuccessful in an invalidity claim against an EU trade mark in the name of Swiss watch manufacturer Hamilton International AG. This came following opposition proceedings between the parties dating back to 2015 in which the watchmaker attempted to prevent Mr. Hamilton from registering LEWIS HAMILTON as a trade mark in relation to watches, arguing that the mark was confusingly similar to their HAMILTON trade mark. 44IP,...
The UK is leaving the EU at the end of the year, and the UK government has updated its summary of the key changes. One recent announcement from the UK government concerns the address for service rules at the UKIPO. Following a recent consultation, all new UK patent, trade mark and design applications will require an address for service in the UK from 1 January 2021. This will be a change from the current rules which specify that the address for service may be in the UK, or in another EEA...
Our recent blog on the BASMATI dispute mentioned a growing awareness of Geographical Indications (GIs) owing to UK / EU negotiations surrounding Brexit. That awareness will certainly be increasing, particularly amongst consumers in the UK, with the formal launch of the Government’s own scheme for protecting geographical names of food, drink and agricultural products in the UK. The logos are now available (see here / link below) and can be used from 1st January 2021. All UK-based geographical...
The EPO has announced that EPO Opposition hearings will now be held by videoconference as the default until 15 September 2021. In view of the COVID pandemic, this is not an unsurprising announcement. The EPO has been successfully holding Examining Division hearings by videoconference for some time, as well as a number of Opposition Division hearings. Having expanded their technology, the EPO now has the capability to offer simultaneous translation during videoconference oral proceedings,...
Awareness of Geographical Indications (GIs) has increased lately particularly owing to UK / EU negotiations relating to Brexit. As the WIPO tells us, GI’s are signs used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. Us foodies love to know our Champagne, Stilton, Darjeeling and Parma Ham are the “real McCoy” …no pun on the potato crisps…other brands are available. News now reaches us of an EU dispute between Pakistan...
The UKIPO has published a brief summary of the changes coming on 1 January 2021 due to Brexit. European patents remain unaffected by Brexit because the European Patent Office is not an EU organisation. However, significant changes are afoot in relation to EU trademarks and designs. Boult Wade Tennant is ready for these changes. We have offices in Germany and Spain, and will be able to continue representing our clients in all UK and European trademark and design matters. If you have any...
The CP8 Common Practice on ‘Use of a mark in a form differing from the one registered’ was published simultaneously on the websites of the IP offices of the European Union on 15 October 2020. The full document can be accessed using the link below.
Anousha Vasantha's article was first published in the October issue of CITMA Review, the journal of the Chartered Institute of Trade Mark Attorneys (CITMA). For more information on CITMA, please visit citma.org.uk.
As a patent attorney, I am constantly aware of how important it is for inventors and companies to keep their inventions confidential until they have filed an intended patent application. The reason for this is simple: going public before filing a patent application may prevent your application from being granted, or may cause your granted patent to be invalid and unenforceable. Whilst confidentiality is something that is at the forefront of my mind, it is inevitably not always at the top of...
Boult Wade Tennant's Berlin based partner Michael C. Maier, LL.M. was interviewed on "The Brexit-Effect" for the current issue of "Markets Germany“, a magazine published by Germany’s federal agency for economic development "GTAI - Germany Trade & Invest". Boult Wade Tennant's recent expansion in Germany has been mentioned on page 21. Having both the Berlin and Frankfurt teams mean, despite Brexit, Boult Wade Tennant can continue to represent our clients in Europe. For more information about...
A key part of my job as a Patent Attorney is meeting with inventors and helping them obtain patent protection for their new inventions. As you can imagine, this means that we interact with a wide range of people, from lone inventors working out of their sheds to large teams working for multinational companies. Thinking about this made me reflect that anyone can have a good idea for an invention, so I decided to have a look for anyone interesting with a patent to their name. This threw up a...
Anthony Dickens, along with Makersuniversity, have come up with a method of strumming a guitar without using your hands. The Circle Guitar is an electric guitar with a mechanical step sequencer disc in the body of the guitar. In simple terms, a rotatable disc is provided in the body of the guitar. A circumference of the disc is shown to be positioned between the neck and the bridge of the guitar. A plurality of holes are arranged around the circumference of the disc, with each of the holes...
The European Court of Justice has upheld a ruling by the EU's General Court in 2018 that the footballer's surname "Messi" is too well known for confusion to arise with the Spanish sports brand "Massi". An interesting case / example of when the fame of an Applicant can counteract visual and phonetic similarities.
The road to implementation of the Unified Patent Court has been particularly rough, with the withdrawal of the United Kingdom’s ratification of the Unified Patent Court Agreement being the most recent setback. Nevertheless, despite these problems, the Preparatory Committee of the UPC remain optimistic. According to a recent press release, the Committee met on 10 September 2020 (at their first meeting since March 2017): “[I]ssues concerning the effects of the UK withdrawal were discussed as...
