Trade marks/passing off

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Practice notes
In order to establish that an unauthorised use or dealing in a product or process amounts to infringement of a patent it is necessary to prove that:•a...
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9th Nov
Practice notes
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...
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9th Nov
Practice notes
This Practice Note describes and explains the Uniform Domain Name Dispute Resolution Policy (UDRP) process and covers:•Application of the UDRP•Purpose...
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Produced in partnership with Emily Taylor of Oxford Information Labs 12th Jan
Practice notes
An intellectual property (IP) owner may choose to license its IP to a third party. This can be an effective route to generating revenue while...
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Produced in partnership with Jessica Stretch 12th Jan
Practice notes
This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...
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9th Nov
Practice notes
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...
Read More >
9th Nov
Practice notes
IP laws are almost always national in nature. However, there are many conventions and treaties under which nations agree to provide minimum levels of...
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9th Nov
Practice notes
Introduction to infringementA patent owner has to prove two elements before it can secure an infringement finding (and then an injunction, damages,...
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9th Nov
Practice notes
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...
Read More >
9th Nov
Precedents
Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...
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9th Nov
Practice notes
The Copyright, Designs and Patents Act 1988 (CDPA 1988) defines the author of a work as the person who created it. The author as creator is not always...
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9th Nov
Precedents
1 Intellectual property rights indemnity 1.1 The Supplier shall defend the Customer against any third party claim that...
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9th Nov
Practice notes
Passing off is a common law tort which protects rights that are not capable of registration or are difficult to register as trade marks (eg colours,...
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9th Nov
Practice notes
Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...
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Produced in partnership with Greg Burke of RPC, Paul Joseph of RPC and Sophie Tuson of RPC 12th Jan
Practice notes
This Practice Note covers the legislative framework, as well as case law, relating to infringement of registered and unregistered designs. For...
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9th Nov
Precedents
Month means a calendar month; Close This is a suggested definition for the term 'month', which...
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9th Nov

Most recent Trade marks/passing off content

Practice notes
Rights conferred by a trade mark registrationThe registration of a trade mark gives the owner the exclusive right to prevent others from using that...
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9th Apr
Practice notes
Jump to: What does IP completion day mean for intellectual property?; Legislation; Judgments; Consultations. For archived items on trade marks, see...
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9th Apr
Practice notes
Passing off is a common law tort which protects rights that are not capable of registration or are difficult to register as trade marks (eg colours,...
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9th Apr
Practice notes
The UK has two approaches to taxing IP transactions:•the corporate intangibles tax rules: these apply to IP created or acquired by a company on or...
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Produced in partnership with Anne Fairpo of Temple Tax Chambers 9th Apr
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Canada; Germany; Greece; India; Mexico; Russia; Spain; United Kingdom;...
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9th Apr
Precedents
Filed on behalf of the Applicant/[Claimant OR intended Claimant][insert initials and surname of deponent]Number of affidavit: [insert the number of...
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9th Apr
Practice notes
This Practice Note provides practical guidance on trade mark coexistence agreements, detailing when these might be used and key points to consider...
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9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with DLA Piper 9th Apr
Practice notes
Introduction to the Intellectual Property Enterprise CourtThe Intellectual Property Enterprise Court (IPEC) is a specialist list of the Intellectual...
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Produced in partnership with Angela Fox of Maucher Jenkins 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Baker McKenzie LLP 9th Apr
Practice notes
This Practice Note is part of a series of Practice Notes summarising the main stages in High Court trade mark litigation. It focuses on: the steps to...
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Produced in partnership with Baker McKenzie 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with CMS 9th Apr
Practice notes
This Practice Note outlines the civil remedies available in the UK to the proprietor of a UK trade mark, a comparable trade mark (EU) or a comparable...
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9th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is no longer maintained. It contains closed legislative proposals, published judgments and closed...
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9th Apr
Practice notes
Typefaces are a key component of a brand’s identity, using a unique typeface helps a business to distinguish itself from its competitors. Many...
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Produced in partnership with Jessica Stretch 9th Apr
Practice notes
This Practice Note summarises some of the legal and practical issues associated with the use of survey evidence and witness evidence in trade mark and...
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Produced in partnership with Amanda McDowall of CMS and Sarah Wright of CMS 9th Apr
Practice notes
This Practice Note considers Regulation (EU) 608/2013 (the Customs Regulation), which replaced Regulation (EC) 1383/2003. This Practice Note:•examines...
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Produced in partnership with Baker McKenzie 9th Apr
Practice notes
Absolute and relative groundsA trade mark’s essential function is to be a badge of origin. It distinguishes the goods and services of one undertaking...
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9th Apr
Practice notes
Originally authored by James Whymark, updated by Rachel Wilkinson-Duffy and Birgit Clark of Baker & McKenzie LLP, LondonA UK trade mark is defined by...
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9th Apr
Practice notes
This Practice Note is part of a series of Practice Notes summarising the main stages in High Court trade mark litigation. It focuses on the initial...
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Produced in partnership with Baker McKenzie 9th Apr

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