Related insights: Portfolio Management


How did Hasbro lose its 'Monopoly'? Bad faith in repeat trade mark filings

04 Aug 2021
The EU General Court has partially invalidated one of Hasbro's EU trade marks for MONOPOLY, finding that Hasbro acted in bad faith when it re-filed for an identical mark covering identical goods and services, attempting to artificially prolong protection and distort EU trade mark law. In its defence, Hasbro argued the practice was widespread – but does re-filing ever constitute a legitimate commercial strategy?

Brexit and exhaustion of rights

02 Jul 2021
Parallel trade is the import (and export) of genuine goods protected by intellectual property ("IP") rights, and occurs where the IP rights are said to have been 'exhausted' – where the goods are put on the relevant market by, or with the consent of, the IP-right owner.

Brexit and trade marks

18 May 2021
Since 1 January 2021, the scope of protection afforded by European Union ("EU") trade mark registrations has not extended to the United Kingdom ("UK"). However, each owner of an EU trade mark ("EUTM") that was registered before or on 31 December 2020 has been granted a comparable registered and enforceable intellectual property ("IP") right in the UK, known as the 'comparable trade mark (EU)' – hereafter "CM(EU)" – which came into force automatically and free of charge on 1 January 2021.

Sky is (almost) the limit for brand owners

29 Apr 2020
Following a reference from the High Court of Justice in England & Wales ("High Court"), the Court of Justice of the European Union ("CJEU") has confirmed that a lack of clarity and precision in the terms used to designate the goods and services is not an independent ground for declaring a trade mark registration to be  invalid. Whilst the CJEU ruling has been criticised subsequently for avoiding some of the key issues, it did rule that an application made without any intention to use that trade mark in relation to the goods and services specified, can constitute bad faith.