The following IP practice note provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?
This Practice Note provides an introduction to trade marks, ie:
what is a trade mark?
registering a trade mark
dealing with trade marks in agreements
asserting trade marks
unregistered trade marks and the law of passing off
trade mark litigation
For more information about the filing and prosecution of trade marks, portfolio management and transactions involving trade marks, see: Trade mark transactions and management—overview.
For more information about disputes involving registered and unregistered trade marks, see: Trade mark and passing off disputes—overview.
A trade mark is a sign used to distinguish the goods and services of one undertaking from those of another. In other words, a trade mark enables consumers to identify goods or services as originating from a particular company or relating to a certain product or service. Typically trade marks take the form of words or logos
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
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