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商标
品牌名称和标识可能是公司拥有的一些最有价值的资产。消费者将其视为高质量或卓越声誉的标志，因此保护其免受他人使用相同或类似商标的侵害至关重要。施利希协助客户为其名称和标识获得商标保护，并使用其注册商标来保护客户通过大量投资而获得的商誉。从备案前检索到维护和强制执行，施利希随时为您提供所有商标的法律需求服务。
在一个日益国际化的世界中，全球商标保护变得越来越重要。 施利希律师不仅在英国，而且在国际上（包括欧洲、美国和中国）都有获取和执行商标注册的经验。 值得特别强调的是，我们的律师不但在英国知识产权局的诉讼具有很强的专业能力，同时也携手与其他司法管辖区的商标律师密切合作，共同解决国际商标纠纷。
近期案例解析
阅读来自施利希团队最近与商标相关的案例解析和商标法的最新动态。
Aldi Strikes Again
Aldi’s product designers and trade mark attorneys continue to be successful in finding the right balance between gaining inspiration from branded products and copying said branded products in an effort to gain more sales based on the brand’s reputation in the market.
Are faces distinctive? EUIPO says maybe, but not as much as Donald Trump’s hair!
Logos, company or product names come to mind when it comes to the term “trade mark”. Unbeknownst to the general public, trade mark registrations can also be obtained to protect a shape or colour. In fact, some have even attempted to register a mark for smells, sounds or even, human faces. This begs the question, is it possible to trade mark a person’s face? A recent decision from the EUIPO Board of Appeal (BoA) sheds a glimmer of hope for those up for a challenge.
How Famous Is ‘Famous’? The EUIPO Says Being Lewis Hamilton Is Not Enough!
After trying to register his name as an EU trade mark, the IP company responsible for Lewis Hamilton’s IP has been told by the EUIPO that they have not sufficiently demonstrated his fame across the European Union to be able to rely on the “special protection” normally afforded to famous persons wishing to register their names as EU trade marks. This decision highlights the difficulties associated with registering personal names as trade marks, even when that name is very well-known.
Joint Jurisdiction in the EU for Trade Mark Infringement
Delivering justice efficiently means that overlapping or concurrent proceedings should be minimized, and also thus avoiding conflicting judgements. In this case of proceedings for the “VOGUE” trade mark a German District court correctly used its international jurisdiction in considering identical infringements in Germany and Poland.
Can an emoji be a trade mark?
Emojis are perceived by the public as providing an emotional reference and not an indication of the source of goods or services. As a result, an emoji cannot act as a trade mark and cannot be registered as such.
UK Address for Service Required for EU-based Comparable Trade Mark and Design Registrations
When the UK left the European Union, the UKIPO granted comparable UK rights for all existing EU trade mark and design registrations. No UK address for service was required for a period of 3 years from the date of the UK’s departure from the EU. However, the end of this 3-year period is approaching and rights holders are strongly advised to appoint a UK address for service by 1 January 2024.
Lidl Wins High Court Dispute Against Tesco over Familiar Blue and Yellow Logo
Background Lidl have been operating in the UK since 1973, during which they have always used the familiar blue and yellow Lidl logo. Last year Lidl accused Tesco of infringement of their registered trade mark rights in relation to two versions of this logo: the well-known “Mark with Text” as well as a version without […]
Cadbury Makes Purple Progress
In this long-running battle between Cadbury and Nestle, the former has not been successful in defending its trade marks for Pantone 2685C (their signature purple). However, in the UK High Court, there appears to have been some progress for Cadbury.
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