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Category Archives: Trademarks & Brands

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Brexit and IP: impact of a no deal exit

On Monday the UK government published a series of notices on the impact of a no-deal Brexit on intellectual property right-holders. The notices are part of a series of notices the government has published recently setting out what would happen for key industries in the event of a no-deal Brexit and what industry should do

China IP litigation and prosecution statistics: taking a step back to see the bigger picture.

According to several recent publications by Chinese governmental authorities, both IP litigation and IP prosecution numbers in China continue to increase significantly. In this article, we provide an overview of those combined statistics, and analyze how this might have an impact on your business in China.   China IP litigation numbers

Global Products Law Summit: 3 October, London – Brexit, Artificial Intelligence, Class Actions and more…

Innovation, products & managing risk – Navigating global challenges for you and your products Our 2018 Global Products Law Summit in London is brought to you this year in collaboration with our Global Insurance Team, and focuses on all things product safety, compliance, and product liability. Valerie Kenyon,  Matthew Felwick and Victor Fornasier, leading Products Law partners in our

CJEU: Castles, candy, candlesticks – no happy end at Neuschwanstein?

Court of Justice of the European Union, 6 September 2018, Case C-488/16 P BSGE v EUIPO/Freistaat Bayern King Ludwig II. of Bavaria was without a doubt an architectural visionary. During his reign in the second half of the 19th century, he initiated the construction of various impressive buildings all across his kingdom which now form

Italy: Parallel imports – When a name change is a game changer.

The Administrative Court of Lazio (“TAR Lazio”) decided with judgment No. 09050 of 3 July 2018 (but published only few days ago) that, as a rule, the parallel importer does not have a right to change the trademark affixed on the product purchased in the country of origin in order to use a different trademark

Total Brand Care: How to legally obtain your desired brand

Brands can use trademarks to gain a competitive advantage in today’s crowded marketplace.  An iconic trademark can be one of your biggest assets; a core component of your identity; and a practical solution to prevent others profiting from your success.  But navigating the complexities of trademark law around the world is a challenge for many brands. 

Brand Benchmarking 2018 TMT Trends: Companies focus on EU and North America

The Hogan Lovells Brand Benchmarking 2018 report was published earlier this year. In the second of a series of articles, we look at some of the findings relating to the Technology, Media and Telecoms sector. TMT companies accounted for 23% of the 200 responses to the survey, making them the second largest sector after Diversified

Brand Benchmarking 2018: Trademark challenges and opportunities in China

In the first of a series of articles looking in more depth at the findings of the Brand Benchmarking 2018 report, we examine trends in China and East Asia. East Asia (comprising China, Japan, Korea and Taiwan) features prominently in the latest Brand Benchmarking report, while China specifically tops the list of challenging jurisdictions but

Mexico – Trademark law reform enters into force

On August 10, the Mexican Trademark Law Reform came into force. As reported in our previous posts, the Trademark Reform brings a range of largely positive changes for brand owners, including: protection of “non-traditional marks”, namely holographic signs, sound and smell marks mandatory acceptance of consent letters and coexistence agreements refusals on descriptiveness/lack of distinctiveness may

Total Brand Care: Integrate social purpose into everything you do.

Brand, mission and positive social influence. The world is changing. Brand value, revenue, cost of capital and talent retention are increasingly driven by those brands that successfully position themselves as positive social influencers. A new generation of conscious consumers, investors and organizations are looking to partner with brands that reflect their own values and beliefs. This

Wearable technology: IP opportunities and risks – LimeGreen Live webinar

Join us on 16 or 21 August for the fourth in our LimeGreen Live webinar series in conjunction with the Hogan Lovells Consumer Industry Sector Group. This webinar will explore the IP opportunities and risks for businesses operating in, or looking to enter the wearable technology market. Our presenters will discuss the lifecycle of a wearable technology product, from building or

Total Brand Care: Effective PR communications to minimize damage to your brand

Nobody likes to think about crisis management, and more often than not, businesses aren’t prepared to respond effectively when a disaster strikes. A poorly managed crisis can have a huge impact on your brand’s reputation, so planning for one is crucial. A tried and tested methodology will put you in the best position to approach

A problem in 3D – Opportunities and IP risks for businesses

“The UK Intellectual Property Office is wary, designers are worried, and the EU is embracing the tech.” In this Intellectual Property Magazine July/August article, Stella Wong examines the awkward relationship between 3D printing and IP. Issues discussed include: Opportunities in the consumer and life sciences industries (such as customised toys, or better tolerated medicines) Infringement challenges

Why automotive companies in the connected car and autonomous driving industry need to review their trademark portfolios

With the momentum building in the trend towards connected and autonomously driven vehicles, automotive companies should review their trademark portfolios to ensure that their key marks are covered for goods and services in this space. Dr. Andreas Renck, Alicante Office Managing Partner at Hogan Lovells, sees the established practice of classification of goods and services

Total Brand Care: Protecting your brand when a product liability disaster strikes

Organizations invest a lot of time and money into creating and developing their brand, but a poorly handled product liability issue can leave your brand damaged, cause a loss in consumer faith and attract negative interest from regulators and the media – and that’s not to mention the negative impact on your share price. That’s

The EU Commission is set to address the challenges of three-dimensional printing

Additive manufacturing, more commonly called “three-dimensional printing” or simply “3D printing“, is a truly fascinating technology. Whilst the first experiments date back to the 1960s, with the first meaningful industrial applications following in the 1980s, only throughout the last couple of years has the technology really gained momentum. Meanwhile, the market is growing rapidly. The

Total Brand Care: Brand creation – get it right from the start

A strong brand can be one of your most valuable assets.  It’s a tool to communicate, build loyalty and drive new revenue.  But effective brand management is not just about trademarks – there are many other legal issues that can impact positively or negatively on your brand’s reputation and value.  Businesses must break down the

‘Polo’ wins enhanced distinctiveness”chukkers” to offset weak distinctive character

In this EUTM case the General Court (GC) decided for The Polo/Lauren Company LP, concluding that alleged weak distinctive character of the earlier mark in regard to certain goods was amply compensated by the enhanced distinctive character that the earlier mark has acquired through the use in trade. 1st Chukker: In 2014, the EUTM applicant