Related insights: Food and Beverage

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The Hajdu Halloumi decision – collective marks as badges of origin

04 Dec 2020
As the UK prepares to depart from the EU, it will introduce shortly a national regime for the protection of geographical indicators. Against this background, it is interesting to read how the scope of registered collective marks was interpreted widely by the High Court so as to defeat a UK trade mark application that had incorporated the entirety of an earlier collective mark as only one of its elements. The decision demonstrates how, despite being subject to the general rules pertaining to trade marks, collective marks can be useful and powerful assets. It also serves as a reminder of the approach to be adopted when assessing the extent to be which collective marks might share visual, aural and/or conceptual similarity with other marks.
WBD_Services_IP_Tech

Court tells 'Nosecco' to leave it to the pro's

26 Aug 2020
The association responsible for protecting and promoting the use of the name 'Prosecco' – Consorzio di Tutela della Denominazione di Origine Controllata Prosecco (the "Consorzio") – has successfully opposed the registration in the UK of a stylised label containing the word NOSECCO (the "Sign") in class 32, for non-alcoholic wines and non-alcoholic sparkling wines.
WBD_Services_IP_Tech

Flying on Red Bull's wings

09 Jun 2020
In a recent case involving the globally-renowned energy drinks manufacturer, the High Court held that a director (who acted mainly as a litigant in person) was jointly liable for acts of trade mark infringement committed by the company.
WBD_Services_IP_Tech

Non-traditional marks – still struggling with registration

03 Feb 2020
For nearly 30 years, more than just word marks have been capable of registration across the European Union (EU). The relevant statutory provision in the UK as to what can constitute a trade mark (at the relevant time) was section 1(1)(a) of the Trade Marks Act 1994 (the TMA).
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Brexit: new UK product safety mark or CE mark, or both? Update on no-deal legislation

01 Apr 2019
The draft legislation implementing the new requirements for currently CE-marked products, titled The Product Safety and Metrology (Amendment etc.) (EU Exit) Regulations 2019, was issued in February and passed by Parliament on 20 March. The mammoth piece of legislation encompasses no less than 38 pieces of affected legislation, with Part 3 covering the amendments to the product safety regulations, encompassing all CE marked products with certain exceptions including pharmaceutical products and medical devices, and construction products. The Regulations will only take effect in the event of the UK exiting the EU without a deal.
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Brexit: new UK product safety mark or CE mark, or both?

06 Feb 2019
The UK Conformity Assessed (UKCA) marking is the new UK product marking that, subject to parliamentary approval, will be used for certain categories of products being placed on the UK in the event of a no deal. As part of accelerated planning for a no-deal Brexit, on the 2 February 2019, the government published guidance on using the UKCA marking post 29 March 2018. The guidance does not cover construction products, medical devices or rail interoperability which have been dealt with separately.
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Brexit and the Port of Rotterdam

14 Sep 2018
While UK press coverage continues to focus on the Chequers paper, potential leadership challenges and increasingly gloomy "no deal" assessments, the Port of Rotterdam has issued an urgent warning to businesses about the need to prepare for the "imminent reality" of Brexit. With fewer than 200 days to go until Brexit Day, the Netherlands' Ministry of Economic Affairs estimates that only 18% of Dutch companies have begun to prepare for Brexit. Consequently, on 11 September the Port of Rotterdam Authority joined with the Dutch Food Authority (NVWA) and Stena Line to organise a press visit to the port to help engage and mobilise the remaining 82% of Dutch companies to address the practical impacts of Brexit.