Trade Marks - Advanced: Law
Assuming a good working knowledge of Trade Mark Law and practice, this advanced level seminar is designed for both solicitors and trade mark attorneys.
The seminar will consider the more specialist areas of Trade Mark Law which are rarely covered in any depth during other trade mark courses.
What You Will Learn
- An update covering both domestic and European trade mark matters
- The domestic implementation of the Trade Marks Directive 2015 in mid-January 2019. What’s changing and are any Directive options excluded by the Trade Mark Regulations 2018?
- Non-graphical representations - what might be registrable now?
- The latest position of UK proprietors of EUTMs after any Brexit
- The still continuing 'fall-out' of IP Translator - the important pending ‘revisit’ to the CJEU
- The most recent 'Common Communications' from the European Trade Mark and Designs Network
- The potentially far-reaching effect of the latest CJEU July 2018 ‘KitKat’ decision in Nestlé SA v Mondelez. To what extent might one now have to consider assorted issues on a member state by member state basis? Might the application of Leno Merken be affected in practice?
- Does use of a European Trade Mark in only one or even a few Member States necessarily constitute sufficient use for trade mark purposes? An important but little-known General Court case will be discussed
- What might constitute sufficient 'reputation in the United Kingdom' for the purposes of sections 5(3) and 10(3) of the Trade Marks Act 1994
- The potentially exceptional protection available in the UK for well-known marks under Article 6bis of the Paris Convention
- Use - the latest position on what use might be infringing and the latest on ‘indirect commercial use’
- Geographical indications and trade marks following the June 2018 CJEU decision in ‘Glen’ Whisky - Scotch Whisky Association v Michael Klotz. The role of the average European Consumer and what is triggered in that consumer’s mind. What has to be demonstrated to show a false or misleading indication
- Commissioned signs - a detailed consideration of the copyright position, a point sometimes overlooked in practice by trade mark practitioners with potentially serious consequences
- Claims to priority of Convention and other relevant overseas applications
- Position of a proprietor and an exclusive licensee with concurrent rights
- The special provisions dealing with two or more persons being co-proprietors of a trade mark
- In brief, specially protected emblems, including those of Paris Convention Countries
- Comparative advertising and trade mark in infringement - will there be any change following the UK implementation of the Trade Mark Directive 2015?
- Enhanced reputation in a colour - when might this apply?
- A brief account with costings of the WIPO Madrid Protocol system for international applications
9:30am - 5:15pm
Please let us know if you wish to be notified when new dates are added for this programme