It has been widely reported in the Irish media that the Trade Union Unite is launching a test case in an attempt to force the owners of the Trade Mark WATERFORD to have crystal glass sold under that trade mark made exclusively in Waterford. Some crystal items are still made in Waterford but the vast [...]
Bernadette Walsh and Peter MacLachlan attended the 135th INTA Meeting in Dallas, Texas from 4th-8th May 2013. Also at the Conference were IP experts from more than 140 countries with talks on a variety of trade mark related topics covering many geographic regions and industries. The keynote address was by Jerry Jones Owner, President and General [...]
A large number of patent applications are filed at the European Patent Office (EPO) for computer implemented inventions – a term defined by the EPO to be “an invention that works by using a computer, a computer network or other programmable apparatus and that to qualify [as a computer implemented invention], the invention also needs [...]
Once a Community Trade Mark (CTM) has been registered for an initial period of five years, the registration may be challenged on the ground that the trade mark has not been put to genuine use within the European Community during a continuous period of five years. In the event of such a challenge, the CTM [...]
The IP Translator case concerned the use of class headings when filing applications to register trade marks. In 2003, the Community Trade Marks Office decided that an application to register a trade mark in a particular class could cover all of the goods or services in that class by reciting the Nice Classification heading (Communication [...]
Community Trade Marks It is clear that any company which intends to trade in the European Union should consider the possibility of obtaining a Community Trade Mark (CTM) registration. CTMs are unitary in character and a single registration covers all the member States of the European Union. Pre- filing Searches While a valid prior national [...]
On 19th February 2013, 22 member states of the European Union sealed the deal to create the court structure for the new Community Patent. Once the new Community Patent system begins, it will be possible for applicants to file a single application resulting in a patent extending to all countries of the European Union except [...]
The America Invents Act (AIA) entered into force on 16th March 2013. This act replaces the “first-to-invent” system with a “first-inventor-to-file” system that is more consistent with the rest of the world. It expands the definition of prior art used in determining patentability both geographically and in relation to publication date, eliminates interference proceedings and allows [...]