SkyKick - Where Are We Now?

Introduction

The long-awaited Supreme Court decision in SkyKick v Sky was handed down in November 2024.

One of the key points of discussion following this decision was the extent to which it would impact on trade mark filing and maintenance strategies, in particular as regards the inclusion of broad terms such as ‘computer software’ in specifications.

Would applications covering such broad terms always be deemed to be made in bad faith?

And should owners of existing rights with coverage for these terms be worried about invalidity attacks?

A year on we now have the benefit of a handful of UKIPO decisions applying SkyKick, as well as guidance from the UKIPO in the form of PAN 1/25 on ‘required behaviour, and the impact on examination practice’ following the Supreme Court judgment.

This short webinar will recap the key points from the Supreme Court ruling as regards bad faith and use of broad terms in trade mark specifications before discussing how the decision has been applied by the UKIPO.

It will then discuss the guidance set out in PAN 1/25 and reflect on where things now stand.

What You Will Learn

This webinar will cover the following:

• Recap of relevant findings in SkyKick decision
• Recap of prior guidance and practice on use of broad terms in UK trade mark specifications, including consideration of IP Translator case
• Recap of UK position on bad faith
• Discussion of UKIPO decisions applying SkyKick
• Discussion of PAN 1/25
• Consideration of how things may develop over time

This pre-recorded webinar will be available to view from Wednesday 8th April 2026

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