Trade Mark Disputes - A Bite-Sized Guide to Estoppel & Abuse of Process

Introduction

Trade mark validity proceedings may be heard in the Intellectual Property Office (IPO) or the court. Proceedings in the IPO may also take place while an application is pending and owners of marks found unregistrable or invalid may file again, raising the same issues once more.

Several decisions in both the IPO and the courts have explored the question of estoppel and abuse in such cases. These have, for example, considered the effect of prior refusals, oppositions and invalidity findings, as well as unsuccessful attacks, on subsequent applications and proceedings.

This new short webinar for trade mark practitioners will take you through the cases and explain when estoppel or abuse of process may be arguable.

What You Will Learn

This webinar will cover the following:

• The impact of prior actions, proceedings and decisions in the Trade Marks Registry on subsequent trade mark applications
• How English case law has established the limited situations in which estoppel or abuse of process may arise from prior trade mark proceedings involving the same subject-matter
• The distinction between situations involving oppositions, invalidity proceedings and other general trade mark litigation, respectively, when it comes to estoppel and abuse of process

This webinar was recorded on 13th January 2021