Category: Trademarks
God Save the Queen: what will happen to the Royal Warrants granted by the late Queen?
Royal Warrants of Appointment are granted to companies or traders that supply products and services to the Royal Household. In this post, we will look at what will happen to these distinctions now that the Queen has passed away. Following the sad loss of Queen Elizabeth II of the United Kingdom, an icon among the […]
Trademarks filed in bad faith: the Portuguese experience of the past 3 years
When harmonising E.U. regulations, an extensive range of interpretations are tacitly accepted when new concepts arise. This is particularly true when the lawmakers find it difficult to define the boundaries of the term in question, given the plethora of situations it encompasses. Moreover, including these terms in our legal system is not an easy taskand […]
WIPO World Intellectual Property Indicators 2021: the pandemic did not stop intellectual property
The World Intellectual Property Organization (WIPO) has published its 2021 Indicators Report (WIPI Report 2021). In this article we will look at the main aspects of the document, which provides a detailed analysis of global trends in relation to filing, registration, validity and other aspects of intellectual property around the globe, as we did with […]
Clouds, hearts and sloths…. Mr. Wonderful’s Good Vibes through the prism of the Unfair Competition Law
Can a company monopolize a certain way of presenting its articles to the market without having a recognized exclusive right? Can this company prevent competitors from including positive messages, animation and ornamental elements such as arrows or hearts on their products? This is precisely the subject of the debate in judgment no. 27/2022, in […]
Kerry versus Kerry: coexistence or likelihood of confusion between trademarks
Although trademarks may well coexist peacefully in some markets it is not always the case in other countries where their origin is less well known. This is illustrated by a recent dispute heard by the Supreme Court between two trademarks for butter and margarine from county Kerry in Ireland. The two trademarks, Kerrygold and Kerrymaid, […]
Trade names as a protective tool in the event of subsequent trademark applications
Often, during scrutiny and examination of an intellectual property portfolio, trade names will be found among the trademarks. Although these assets are similar, their purpose is not identical, and this fact should be taken into consideration when designing an effective protective strategy to ensure that the rights in these signs are enforced in respect of […]