Insights & News
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Irish employment law
Inbrief
25 June 2019This Inbrief provides a whistle-stop tour of the most important Irish employment law issues, from the beginning of the employment relationship through to its conclusion.
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Reducing business costs - alternatives to redundancy
Inbrief
23 May 2019When businesses run into financial difficulties and need to reduce costs, the knee-jerk reaction is often to consider the scope for job cuts.
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Pension auto-enrolment
Inbrief
22 May 2019Since 1 October 2012 employers have been required to automatically enrol eligible jobholders into a suitable pension scheme and fund a minimum level of pension savings (without reducing pay or benefits elsewhere).
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AdSlogans
Inbrief
21 May 2019‘Just Do it’; ‘Vorsprung durch Technik’;‘Every Little Helps’: Straplines and slogans constitute some of the most iconic branding created yet checking that a new line has not been previously used poses particular difficulties from a brand clearance perspective. AdSlogans is a long established and unique specialist search tool designed to meet this need.
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European Union Trade Mark Opposition Procedure
Inbrief
21 May 2019The European Union trade mark (“EUTM”) opposition procedure is a process that enables third parties to prevent EUTM applications from achieving registration in certain circumstances.
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New gTLD domain
Inbrief
21 May 2019In one of the most far reaching developments to effect the internet since its creation, in January 2012 ICANN will start the process of releasing potentially hundreds of top level domain names for use by brand owners or as generic references. This presents unparalleled opportunities and risks for all brand owners, and only the best prepared are likely to meet those challenges.
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Trade Mark and Domain Name Watch Services
Inbrief
21 May 2019There is a temptation for trade mark owners to breathe a sigh of relief as they eventually file their trade mark applications. It is often the culmination of months of work searching for any prior rights and perhaps investigating, negotiating, cancelling or acquiring such rights. It is an end, but only to the beginning of a brand’s lifecycle. Once the application is filed, this is when the brand protection programme begins in earnest.
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UK Trade Mark Opposition Procedure
Inbrief
21 May 2019The opposition procedure is a process that enables third parties to prevent trade mark applications from achieving registration in certain circumstances.
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Trade Mark ‘Use’ Requirements
Inbrief
21 May 2019The purpose of a trade mark registration is to protect marks that are either a) in use; b) intended to be used; or c) are not being used, but with a valid reason.
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LSNetminder - Domain Name Management & Dispute Resolution
Inbrief
21 May 2019It is now very rare to come across a business without any online presence. As a result, domain names have become a crucial aspect of intellectual property and one which requires careful management. Unauthorised third party registrations are now much more prevalent with fraudulent activity such as phishing and cyber squatting.
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Brand Clearance Guide
Inbrief
21 May 2019A practical guide to brand clearance including details on the range of searches available (such as trade mark searches, strapline searches, common law searches and domain name searches), information on budgeting for clearance and general strategic advice.
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European Union Trade Marks
Inbrief
21 May 2019A European Union trade mark (“EUTM”) is a single trade mark registration that provides trade mark protection in 28 of the European Union territories. This will change to 27 territories if/when the UK leaves the EU.
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International Trade Marks
Inbrief
21 May 2019Whilst there is no single trade mark registration that covers the entire world, knowledge of the various regional and international filing systems means that global protection can be achieved with greater ease and less expense than filing national trade mark applications in each country.
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Trade Mark and Design Searches
Inbrief
21 May 2019Whenever a new launch is proposed, whether it is for a product, brand, business name or an advertising campaign, there is always a risk that someone else is already using an identical or a similar name or design. If so, then that party may be entitled to obtain an immediate injunction from the court to prevent the launch and obtain damages for trade mark, design right or copyright infringement and/or passing off.
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Trade Mark and Design Services
Inbrief
21 May 2019The IP, brand, trade mark and portfolio management team at Lewis Silkin comprises more than 50 lawyers and trade mark attorneys along with specialist support personnel.
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Trade Mark Classification
Inbrief
21 May 2019For trade mark classification purposes, all possible goods and services are sub-divided into the 45 “Classes” listed below. The descriptions give a broad indication as to the types of goods and services covered by each Class.
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Trade Marks in the United States
Inbrief
21 May 2019Trade mark rights in the United States arise from use of a trade mark, not registration. However, a registration acts as a public record of your trade mark, and places other possible users of the same or confusingly similar marks that you already holds rights in the trade mark throughout all fifty states. Whilst registration is not mandatory in the United States, registration is highly recommended; proving the existence of unregistered rights in your trade mark is difficult, very expensive, and at best, can show rights only in those States where you can show you have actively used the trade mark.
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UK Trade Marks
Inbrief
21 May 2019A trade mark registration for a business, brand or product name, a logo, slogan or other trade mark provides a business with the most effective form of protection against a competitor making improper use of its trade mark. Whilst a trade mark might be capable of being protected through other areas of the law, such as passing off, copyright or design right, registering a trade mark has a number of important benefits.
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Preparing a trade mark infringement or passing off case: practical considerations?
Inbrief
21 May 2019This checklist is aimed at rights owners and their advisers, including in-house lawyers, who are considering bringing a trade mark or passing off action in the UK. It provides a brief series of tips and pointers on things to consider when preparing a case.
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Shared parental leave
Inbrief
14 May 2019The system of shared parental leave was introduced as part of the Government’s commitment to create a fairer society that gives parents more flexibility to decide how they want to share care for their child in the first year.