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How might a clearing-the-way case proceed once the UPC is in force? In the latest article in our series, David Rose, Nina O’Sullivan and Axel Walz consider the options for a patent challenger who wishes to launch a competing product

On December 23 2015, the Official Journal of the European Union published the Directive (EU) 2015/2436 of the European Parliament and of the Council. The aim of this Directive is to reach a further harmonisation of provisions of substantive and procedural laws relating to the trade mark systems at national and EU level.

The Trade Marks Registry recently accepted the first movement mark for registration since the IPD published guidance two years ago. What lessons are there for applicants?

The Supreme Court has heard oral arguments in Cuozzo Speed Technologies v Lee, the first Supreme Court case to consider an appeal of a PTAB decision

Outstanding work in IP was celebrated at our Global Awards Dinner in London in March, attended by nearly 300 IP practitioners

“Digital Creativity: Culture Reimagined” is the theme of the 17th annual World IP Day, which is being celebrated on April 26 2016

It has recently become common in Mexico to be more specific with the descriptions of products and/or services when filing a trade mark application, making it more unusual to apply for the class headings.

Under the previous rules applicable regarding registrability of a trade mark in Greece, a consent letter could admissibly be filed only before the Trade Marks Administrative Commission, not at a later stage, such as pending an appeal before the administrative courts, following the rejection of the trade mark application concerned, provided that (1) the trade marks under comparison are not identical, (2) the consent at issue is not contrary to the public interest and (3) there is no serious danger of the average consumer being deceived.

According to Taiwan's trade mark examination practice, a three-dimensional mark in the form of a product packaging container is generally considered not inherently distinctive, and is registrable only upon proof of the secondary meaning acquired through long-term and extensive use. Without such evidence, the TIPO will refuse registration of the mark or require the applicant to disclaim the exclusive right to use the packaging container if there are distinctive word and/or device elements on the packaging container.

In April 2016, the Trademark Trial and Appeal Board (TTAB) issued a precedential decision in Noble House Home Furnishings, LLC v Floorco Enterprises, LLC. This decision is a good reminder about the advisability of memorialising a grant of rights in situations where a company registers a mark in the name of one entity and then exploits the mark through a related entity.