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Category Archives: Trademarks & Brands

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Webinar: Since EU been gone – How tech and IoT product companies can be Brexit-ready

There are fewer than 35 days until the United Kingdom leaves the European Union – is your company prepared for a no-deal scenario? On 14 March Hogan Lovells and techUK are hosting a webinar to look at what final steps tech and Internet of Things (IoT) product companies should do (and what others have been

China Trademarks: 2018 Highlights & 2019 Forecast

Last year, right holders in China have seen a number of major developments including; a milestone Supreme Court judgment dealing with trademark squatting, new specialized cyberspace courts, a new E-Commerce law, clarification on OEM trademark infringement; and the first court appeal granting registration of a sound mark. This year, further developments are expected with; the

Global IP Outlook 2019 – Two steps forward and a look back

2018 posed new opportunities and challenges for IP-rich businesses, with major new legislation introduced in Europe to govern trademark and trade secret protection; significant and transformational case law in the U.S., and the confirmation of new planned IP-specific legislation for several jurisdictions in Asia. We’re here to help you keep abreast of these changes and

To ‘Bland’ or Not To Bland? Trademark Implications

Companies are simplifying, or “blanding,” their brands dropping unique fonts, words, and design elements left and right in favor of a pared down, sans-serif font popular in Silicon Valley, but does this drop trademark protections in the process? You’ve seen it in the ads you encounter on your way to work, on television, and probably

Webinar recording: Implementing the EU Trade Marks Directive

On 25 January, our European team held two webinar sessions focusing on the implementation of the EU Trade Marks Directive and its impact across various Member States. If you were unable to join, the recordings are now available via registration here and here (same content but different speakers) Background On 14 January 2019, EU Member States were required to implement the Directive into national law.

IPunkt – German language (Deutsch) IP newsletter

Our German network is delighted to provide IP news and updates in German language. Please click the link below to read the latest IPunkt edition. IPunkt – Deutsch (German language) German language IP news is also regularly published on our cross-practice DE blog

Germany: Introduction of Certification Marks

On January 14, 2019 Germany’s Trademark Law Modernization Act (MaMoG) went into effect, amending the German Trademark Law (MarkenG) to implement European Union Trade Marks Directive 2015/2436 (MRL). This Act introduces specific regulations for the registration of certification marks, which are an entirely new type of trademark under the German Trademark Law. Certification marks have

UK implements the Trade Mark Directive

The Trade Mark Directive (EU 2015/2436) came into force in the UK on 14 January 2019, in the form of the Trade Mark Regulations 2018, bringing about a number of key changes to UK trade mark law. The UKIPO has also published guidance on the practical effect of the Regulation (available here). Below we set

US: Hogan Lovells at McCarthy Institute Symposium 2019 – NYU, 1 February 2019

 Trademark Law and Its Challenges: We are delighted to be sponsoring and speaking at the 10th annual McCarthy Institute Symposium which will be hosted by NYU Law and cover a range of thought provoking topics intersecting trademark issues, consumer behavior, and marketing. Industry-leading practitioners and scholars will present original research, including case law updates, and

Webinar: Implementing the EU Trade Marks Directive

Join us on 25 January 2019 for our first IP Outlook webinar of 2019 – focusing on the implementation of the EU Trade Marks Directive and its impact across various Member States. Our European team will provide practical advice on how brand owners should respond to the changes in each jurisdiction. Background On 14 January 2019, EU Member States will be required to implement the Directive into national law. The Directive aims

UK: Protecting your product brand and design – All part of the PLAN

Our Consumer team has developed a new Product Lifecycle Analysis tool (PLAN) to help companies bring their product to market in the UK. Hogan Lovells PLAN is designed to take you through every stage of product development, from the initial idea through production and to after-market service, outlining what you can expect, and how our team

No Deal Brexit and Exhaustion of Rights

On 28 November 2018, the UK government published a draft version of a statutory instrument (Exhaustion of Rights SI), and explanatory memorandum, which together explain the changes which will be made to UK intellectual property law relating to exhaustion of rights, in the event of a no-deal Brexit. The purpose of the SI is to

Germany: Influencers, distinctiveness and reputation. A translation round-up

The following short posts covering competition issues in influencer advertising, trademark distinctiveness for media services and limitations to the power of reputation are translated from our German language blog. We will publish futher English translations from this blog periodically: Berlin: Influencer must identify presented products as advertising In an attention-grabbing decision (case ref. 52 O 101/18), the District Court

Five steps to rehabilitate a brand in the midst of a crisis: Total Brand Care

It is essential that companies take a global and holistic approach to creating, commercializing, and protecting their brands and their value. When an organization experiences a public relations disaster, what is the role of communications in minimizing the impact to its brand as part of its overall Total Brand Care strategy? In this hoganlovells.com interview,

Federal Circuit revives Converse’s Chuck Taylor trademark and infringement claims

In a recent decision that illustrates the relevance of timing in evaluating the question of secondary meaning, the Court of Appeals of the Federal Circuit breathed new life into Converse’s “Chuck Taylor” sneaker design trademark by vacating an earlier ruling by the International Trade Commission (ITC) invalidating protection for that same mark. Background Relying upon

Key trademark decision secured for ZF before China’s highest court.

A team from our Shanghai IP Agency and Hogan Lovells Fidelity  has recently obtained a remarkable trademark decision for its client ZF and its affiliate ZF TRW Automotive Holdings (“ZF TRW”) before China’s highest court, the Supreme People’s Court (“SPC”). The case revolved around ZF TRW’s opposition action against a trademark application for its brand “TRW,”

IPunkt – German language (Deutsch) IP newsletter

Our German network is delighted to provide IP news and updates in German language. Please click the link below to read the latest IPunkt edition. IPunkt – Deutsch (German language) German language IP news is also regularly published on our cross-practice DE blog

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