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UK court prevents drugs brand owner from enforcing trade mark rights to enable market competition

A drugs distributor legitimately changed the name of a drugs product to that of a trade mark-protected brand in the UK when importing the products from France and Germany, the Court of Appeal in London has ruled. 09 Feb 2015

The 'enhanced distinctive character' of trade mark helps brand owner prove infringement

The "enhanced distinctive character" of a company's trade mark helped the company to prove that a rival's use of a competing mark was an infringement of its trade mark rights, according to a ruling by the High Court in London. 15 Jan 2015

Out-Law Guides

  • Detention of counterfeit goods at UK borders

    This guide was written in October 2009. It is based on UK laws. Rights holders can get help from HM Revenue & Customs (HMRC) to stop counterfeit goods entering the UK. But under a new procedure...

  • Trade mark opposition procedures

    This guide is based on UK law. It was last updated in May 2009. Most trade mark filing application systems across the globe incorporate some form of opposition procedure, so that third parties can...

  • The Company Names Adjudicator

    This guide is based on UK law. It was last updated in October 2008. The Companies Act 2006 has introduced the role of the ‘Company Names Adjudicator’ which is a new weapon for trade mark owners. Th...

  • Registering a trade mark through the Madrid Protocol

    This guide is based on UK law. It was last updated in November 2008. Applications must be based on a national application or registration in a member state of the Madrid Protocol. Applications are...

  • Registering a trade mark in the UK

    This guide is based on UK law. It was last updated in September 2008. Applications are filed at the UK Trade Marks Registry which is a part of the UK Intellectual Property Office , an executive...

  • Registering a trade mark in the EU

    This guide was last updated in April 2009. It is based on a law that applies across the European Union called the Community Trade Mark Regulation. Applications are filed at the Community Trade Mark...

More guides

Singapore launches ‘one-stop’ e-portal for intellectual property registration

The Intellectual Property Office of Singapore (IPOS) and NEC Asia Pacific have launched a "one-stop on line platform" for the registration of intellectual property (IP) rights in Singapore. 18 Dec 2014

Brand owners warned over misleading requests for trade mark payments

Brand owners have faced a 45% increase in the number of requests this year for payment from unofficial trade mark 'registers' that provide no actual legal protection, according to the Institute of Trade Mark Attorneys (ITMA). 02 Dec 2014

More stories

Expertise in Trade Marks & Passing off

Trade Marks represent the reputation of your business, the quality of your products and services and your expertise and knowledge. They are valuable assets and it is essential that they are properly managed, protected and exploited.

More about Trade Marks & Passing off