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Last month, this Kat attended the Thomson Reuters Practical Law 4th Annual Trade Mark Conference at etc.venues in London. The Impact of Brexit on Trade Marks After the formal welcomes and introductions, the first Plenary session kicked off by heading straight into everyone’s favourite topic: the impact of Brexit on trade marks. The panel of experts (Kate O’rourke Mbe Senior Counsel, Charles Russell Speechlys; Simon Gray Partner, Tomkins; Simon Malynicz Qc Barrister, 3 New Square; Dominic Farnsworth Partner, Lewis Silkin) considered such questions as: Where are we now? Representation rights during transition and post Brexit; The shape of the UK’s relationship with the EU after the transition period – progress; The shape of IP law in the UK in the longer term; How is the UK IPO gearing up for Brexit?; What should IP lawyers and in-house IP teams be doing to prepare for Brexit? As readers can probably imagine, the general take-away message was one of uncertainty and concern. For practiti...

Kerly's Law of Trade Marks and Trade Names is considered the leading text on trade marks and trade names, having provided expert guidance on all aspects of UK trade mark law since 1894. The latest edition certainly continues the tradition, offering the reader a holistic and thoroughly-detailed analysis of trade mark law, including major updates in line with EU reforms and the latest case law developments. In particular, the 16th edition includes three new chapters. The first new chapter covers the average consumer – identifying the relevant characteristics and factors that influence the level of attention, and discussion of where it is (and is not) deployed. The second is “a best-guess about Brexit chapter” which considers the impact of Brexit on registered trade marks which have force in the UK and the effect on owners of EU registered trade marks used primarily in the UK. The third new chapter addresses the meaning of the expression “trade mark,” outlining its essential functions...

Energy drinks and alcoholic drinks might be consumed together, but does that make them similar goods for the purposes of establishing likelihood of confusion in trade mark infringement? This was considered by the Court of Justice of the European Union earlier this month in an appeal involving Red Bull and Asolo . Background On 24 September 1997 Asolo filed an application for registration of a European Union trade mark for the word sign ‘FLÜGEL’ [translates to 'wing' in English] in class 32 (Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for the preparation of drinks) and class 33 (Alcoholic drinks except beers).  On 5 December 2011, Red Bull filed an application for a declaration of invalidity based on two earlier marks: 'VERLEIHT FLÜGEL'  [gives wings] , and 'RED BULL VERLEIHT FLÜÜÜGEL' registered for ‘energy drinks’ in class 32, in Austria. Red Bull successfully contested the mark-...