Trade Marks - Advanced: Law

Introduction

Assuming a good working knowledge of Trade Mark Law and practice, this advanced level seminar is designed for both solicitors and trade mark attorneys. The seminar will consider more specialist areas of Trade Marks, including topics rarely covered in any depth in general trade mark courses.

What You Will Learn

• An update on recent cases as well as UK IPO practice, including IPO TPNs (Tribunal Practice Notices) which can pass “under the radar” of busy practitioners
• Classes under the present edition of Nice and ambiguity - the still continuing 'fall-out' of the CJEU (Court of Justice of the European Union) decisions in IP Translator and Sky v Skykick
• A detailed review of what might now amount to “Bad Faith” following a number of important cases, including the 2021 Court of Appeal judgment in Sky v Skykick
• A group discussion on whether domestic courts might begin to diverge from established CJEU case law or will closely follow post Brexit/Exit Day CJEU decisions. Some important Post-IP Completion Day observations in the Court of Appeal
• What might now constitute sufficient reputation in the United Kingdom for the purposes of sections 5(3) and 10(3) of the Trade Marks Act 1994. The potentially exceptional protection available in the UK for well-known marks under Article 6bis of the Paris Convention
• Geographical indications and trade marks following Brexit/Exit Day
• Colour marks: Single sign? A colour mark “per se”? Registering in monochrome but with an enhanced reputation in a particular colour - maybe a case for a series application?
• Commissioning a design for a sign - the copyright position, a vital point sometimes more than glossed over by trade mark practitioners with potentially serious consequences
• Claims to priority of Convention and other relevant overseas applications
• Position of a proprietor and an exclusive licensee with concurrent rights
• The special provisions dealing with two or more persons being co-proprietors of a trade mark
• Honest concurrent use - limited to only factually exceptional cases?
• In brief, specially protected emblems, including those of Paris Convention Countries
• A brief account with costings of the WIPO Madrid Protocol system for international applications