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Cloned trademark rights

Replacement – a way to get your cloned trademark rights in the UK covered by your international registration?

Since 1 January 2021, EU trademarks (EUTMs) are no longer protected trademarks in the UK due to Brexit. In light hereof, the UK IPO created a comparable UK trade mark for all right holders with an existing EUTM. Consequently, you might now have 2 national UK trademarks. One comparable UK trade mark and an international trademark registration designating the UK. To solve this duality, the old principle of replacement comes into play, but is this effective? Is replacement useful? What are the advantages and disadvantages of this principle?

metaverse domains

Metaverse Domains: Both a virtue and a vice for trademarks owners

You must have been living on Mars lately to not know that the metaverse is the next best thing. One can give several definitions to the metaverse, but – simply put – it is a network of interconnected 3D virtual spaces in which users can interact with each other via avatars. The fun thing about such a metaverse world, is that people can experience things which cannot be experienced, our which are at least more difficult to experience, in the real world. Via the metaverse you can for example walk across the Great Wall of China with one simple click of your mouse while doing the same thing in real life will cost more effort and money.

NFT

Did you know an updated IP portfolio is critical for NFTs ?

In 2021, Collins dictionary chose NFT (Non-Fungible Token) as the “word of the year”. While you might have heard about the person who paid $69 million for a video by Beeple, or Mr. Jack Dorsey (the founder of Twitter), who sold the first tweet for just under $3 million through NFT’s, most business and brand owners are still oblivious as to what an NFT is and how important it can be for your IP portfolio.

World IP Day 2022

𝐓𝐡𝐢𝐬 𝐲𝐞𝐚𝐫 𝐰𝐞 𝐚𝐫𝐞 𝐜𝐞𝐥𝐞𝐛𝐫𝐚𝐭𝐢𝐧𝐠 𝐈𝐏 𝐚𝐧𝐝 𝐘𝐨𝐮𝐭𝐡: 𝐈𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐧𝐠 𝐟𝐨𝐫 𝐚 𝐁𝐞𝐭𝐭𝐞𝐫 𝐅𝐮𝐭𝐮𝐫𝐞. 𝐓𝐡𝐞𝐫𝐞𝐟𝐨𝐫𝐞 𝐰𝐞 𝐡𝐚𝐯𝐞 𝐝𝐞𝐜𝐢𝐝𝐞𝐝 𝐭𝐨 𝐡𝐢𝐠𝐡𝐥𝐢𝐠𝐡𝐭 𝐬𝐨𝐦𝐞 𝐫𝐞𝐦𝐚𝐫𝐤𝐚𝐛𝐥𝐞 𝐢𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐨𝐧𝐬 𝐟𝐫𝐨𝐦 𝐲𝐨𝐮𝐧𝐠 𝐞𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫𝐬 𝐰𝐡𝐨 𝐡𝐚𝐯𝐞 𝐜𝐡𝐨𝐬𝐞𝐧 𝐆𝐄𝐕𝐄𝐑𝐒 𝐭𝐨 𝐩𝐫𝐨𝐭𝐞𝐜𝐭 𝐭𝐡𝐞𝐢𝐫 𝐚𝐬𝐬𝐞𝐭𝐬. 

Influencers and brand owners: handling wrongful use and the art of letting go

Our consuming society is globally shifting to social media and online marketplaces. This trend has created incredible opportunities for some, and significant losses for others. The traditional mediums for advertising, such as print, radio and television, are losing significant traction to digital spaces. Brand owners are trying to catch the wave by finding new ways to connect with the younger demographic audience. As such, the demands to enhance desirability of brands and deliver products to targeted demographics is growing rapidly and, in turn, brands are hiring the services of social media influencers.

Artificial Intelligence & Liability – Whodunit?

Artificial Intelligence (“AI”) is commonly associated with progress, growth and technological improvements. It has the potential of transforming businesses, but what if something goes wrong? Who will be liable if anything goes wrong with an AI system? Should the AI system itself be made liable for its output? Or should we look at the producer of the system, or even the user?
In this article we will touch upon (i) the current AI liability framework in the EU, (ii) the new proposal for an EU regulation on AI, and (iii) the importance of agreements.

Cannabis: Trademark Protection in the EU. Don’t ‘shock’ the public!

The legalization of cannabis products has been stirring the public debate for decades. With several US states adopting a more liberal approach to the green goods, especially for medical / therapeutic use, ganjapreneurs are ready to take their share of the (legal) market for cannabis and its derivatives, from oils to edibles. The same is happening on the other side of the ocean in several European Union member states.

safeguarding

Safeguarding your trademarks about becoming a generic term is imperative

As a trademark owner, you have to preserve your trademark from becoming a generic term for the goods or services which it covers.

Although a trademark becoming a generic term for the product or service it covers may seem to be the ultimate marketer’s dream, as nothing works as good as a trademark literally describing a product or service, it must be avoided if you want to maintain the exclusive rights to use in the market.