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Category: Comment

Ward Trade Marks Oktoberfest Article

City of Munich applies to register OKTOBERFEST as an EUTM

Applying to register trade marks that are well known descriptive terms is problematic. We will have to wait and see if the EU IPO allows OKTOBERFEST.

November 21, 2016 Rachael
Cease and desist letters

Unjustified Threats Of Trade Mark Infringement: The hidden dangers of sending trade mark cease and desist letters

I have been asked on several occasions whether we have a standard cease and desist letter to send to alleged infringers. The answer to this is no, for two main reasons. Firstly, each letter must be carefully drafted in order to meet the particular circumstances of the case. Secondly – and more importantly – there is an issue in that a letter which threatens infringement without being justified can end up with you being sued, instead of the alleged infringer.

June 28, 2016 Rachael
EU Referendum

The EU Referendum: what it means for trade marks

As June’s EU Referendum is everywhere, I thought it would be useful to take a look at one of the great benefits that UK businesses have as a result of their membership of the EU, namely the Community Trade Mark (“CTM”).

A CTM provides protection across all member states of the European Union in a single registration. CTMs are dealt with by a Registry located in Alicante, Spain. The CTM system is phenomenally successful, and saw around 105,000 applications filed only last year.

February 25, 2016 Rachael
trade marks stifle innovation

Do trade marks stifle innovation?

IP rights designed to motivate the creation of new innovative products by awarding a monopoly, are increasingly criticized for having the opposite effect of that intended. This article seeks to show that trade marks are still valuable in the post-Internet age.

February 11, 2016 Rachael