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  • Bad faith in filing applications

    8 November 2022

    Bad faith in filing applications (ECJ 07.09.2022 – T-627/21 – Segimerus/EUIPO [Monsoon]) It is to be considered abusive if an EU trade mark is filed claiming priority according to Art 34 (1) EUTMR and, before the expiry of this six-month period, national trade mark applications were filed in succession every six months, alternately in Germany […]

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  • Risk of confusion between “NORTH FACE” and “THE DOG FACE”

    28 October 2022

    Risk of confusion between “NORTH FACE” and “THE DOG FACE” due to the highly distinctive character of the earlier mark (OLG Frankfurt am Main, Beschl. v. 28.06.2022 – 6 W 32/22 – “THE NORTH FACE”/“THE DOG FACE”) In principle, there is no high degree of similarity between the mark “THE NORTH FACE” and the contested sign […]

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  • The end of the “Ten-Day Rule” at the EPO

    24 October 2022

    It has recently been reported by CIPA that the “ten-day rule” will come to an end following a decision from the Administrative Council of the EPO. Under the existing “ten-day rule” (provided by Rule 126(2) EPC), postal notifications from the European Patent Office are deemed to have been received ten days after their date of […]

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  • EPO referral to the Enlarged Board of Appeal (G2/21)

    20 October 2022

    In 2021, a referral was made to the Enlarged Board of Appeal (EBA) in case T116/18 concerning whether post-published evidence (i.e., information not available until after the filing date of a patent application) can be used to demonstrate a technical effect in the assessment of inventive step.  The EBA has now issued its non-binding preliminary […]

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  • UPC plans to open on 1 April 2023

    12 October 2022

    A planned start date for the Unitary Patent Court (“UPC”) of 1 April 2023 has been announced along with an implementation road map. After the start date, users of the UPC will be able to lodge cases with the new court system and the first Unitary Patents will be granted. Whilst the UPC’s committee has given […]

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  • Congratulations to our Rising Stars 2022

    5 October 2022

    We are delighted to see that Gemma McGeough, Helen Henderson and Laurie Bray have all been recognised as Rising Stars in Managing IP’s 2022 rankings. Managing IP’s Rising Stars publication recognises some of the best up-and-coming IP practitioners who have contributed to the success of their firms and clients. We would like to extend our […]

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