The following IP Q&A produced in partnership with Paul A. Harris of Venner Shipley provides comprehensive and up to date legal information covering:
In short, there has been no guidance in relation to the presumption not applying, and there has been only one case in respect of it applying.
Section 24(1A) of the Trade Marks Act 1994 (TMA 1994) is designed to comply with Article 22(2) of Directive (EU) 2015/2436, the EU Trade Mark Directive, which reads:
‘A transfer of the whole of the undertaking shall include the transfer of the trade mark except where there is agreement to the contrary or circumstances clearly dictate otherwise. This provision shall apply to the contractual obligation to transfer the undertaking.’
However, there is a subtle difference in the wording of TMA 1994, s 24(1A), which refers to a ‘contractual obligation to transfer’ rather than the transfer itself. Whether this will be interpreted any differently remains to be seen, although it is not the first time that EU law has been incorrectly transposed into English law (although it may be the last).
TMA 1994, s 24(1A) provision (and Article 22(2) of the EU Trade Mark Directive) is aimed at harmonising domestic law relating to the transfer of domestic marks when a business is sold. It mirrors existing EU law in relation to EU trade marks (EUTMs) under Regulation (EU) 2017/1001, the EU Trade Mark Regulation (and before that Community trade marks
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Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a
This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
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