On 26 March 2024, the European Council adopted a new regulation on geographical indicators (“GI”) for agricultural products, wines, and spirits. Geographical indicators, sometimes also known as “protected designations of origin” confer rights that are not dissimilar to ordinary trade mark rights in the name of a place or region as it related to and insamuch … Read More
Author: Mark Smith
EU trade mark registrations no longer cover Jersey (and haven’t for quite some time)
For the uninitiated, Jersey (formally “The Bailiwick of Jersey”) is a self-governing, British Crown Dependency (located just off the coast of France) with its own parliament and laws. Trade mark holders have long been able to obtain Jersey-specific trade mark rights via extension (or “re-registration”) of an already existing UK trade mark right registered nationally … Read More
New Rules Require UK Address for Service in Trade Mark and Design Matters
There are two main scenarios in which UK pending or registered design and trade mark rights held by non-UK applicants or proprietors might not have a UK address for service (“AFS”) or representative. They are: UK rights filed and secured through the Madrid Protocol (trade marks) or Hague Convention (registered designs); and Registered trade mark … Read More
How Do You Value Intellectual Property?
There are three methods widely accepted as best practice for quantifying the value of intellectual property or intangible assets: cost approach – intellectual property is valued at the historic cost of development; market approach – intangible asset value is extrapolated from similar or equivalent sale transactions that are a matter of public record (much as … Read More
Up to £5k of IP costs can be covered by government grant for British SME’s
Under the government’s IP Access scheme, British SME’s have until March 2022 to apply for grants of up to £5,000 total (incl. VAT) towards intellectual property costs. Since it’s a grant, not a loan, the amount, if awarded, never needs repaying, nor is it tied to any milestones or outcomes. The grant cannot be used … Read More
Beware of “Stern, Young & Partners”
UK trade mark owners should be very wary of renewal “invitations” sent by a party trading as “Stern, Young & Partners”. Trade mark registrations become eligible for renewal six months before the deadline (which falls every 10 years on the anniversary of the application date). Typically, “Stern, Young & Partners” will remind owners of the … Read More
Protect your Brand from Online Misuse with AdultBlock and AdultBlock+
About a decade ago, ICM Registry launched Sunrise B, a domain name blocking service that allowed trade mark owners to prevent use of their trade marks in the domain names of explicit or pornographic websites using the dotXXX top level domain. The Sunrise B .xxx blocking service was retired on 21 December 2020 and replaced … Read More
Parallel Goods and Exhaustion of Rights after Brexit
First things first: what do “parallel trade” and “exhaustion of rights” mean? When goods that are protected by intellectual property (IP) are placed on the market by the IP owner, or with their permission (e.g. by a licensee or distributor), the IP owner “exhausts” their rights in that territory. This means that they cannot stop … Read More
EU Trade Mark and Design Rights in the UK after the Brexit Transition Period
If you’re wondering what will happen to your registered EU trade mark and design rights in the UK at the end of the Brexit transition period – currently set for 31 December 2020 – here’s the answer. Whatever happens with the ongoing negotiations between the EU and the UK, your EU-level trade mark and design … Read More
Harrison IP has a French Office
With a no deal Brexit at the end of the current transition period now a distinct possibility, the EUIPO has recently clarified what we already suspected: that holders of European Union Trade Mark Registrations (EUTMs) with UK representatives will require an EU-based representative. Harrison IP has planned ahead for this eventuality. We established a French … Read More
12