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Trade Mark Attorney Olivia McBride comments on case Kerstin Reinwald v International Nutrition Researcher Center in the latest CITMA Review - Never mind the IP. This inter partes decision concerns an opposition against the UK designation of IR No. 1664272 for the word mark MAP covering class 5 dietary supplements and preparations. The Applicant, Kerstin Reinwald, was the wife of Dr Heinz Reinwald, who was established in evidence to have previously worked for a company that was a distributor for International Nutrition Researcher Center, Inc (the Opponent). The opposition was based on ss5(4)(a) (passing off), 3(6) (bad faith) and 5(6) (unauthorised registration) of the Trade Marks Act 1994. Falling at the first hurdle, the Opponent was unsuccessful under the passing off claim. The Hearing Officer (HO) stated that much of the evidence submitted was undated and did not relate to the UK. As a result, it was decided that the Opponent’s evidence was not sufficient to establish more than trivial goodwill. Read the full article here: https://lnkd.in/d_v6iAMy This article was first published in the November/December issue of CITMA Review, the journal of the The Chartered Institute of Trade Mark Attorneys Institute of Trade Mark Attorneys (CITMA). For more information on CITMA, please visit citma.org.uk.  

The Council of the European Union has recently adopted two legislative acts under the design package: a revised directive on legal protection of designs; and amended regulation on community designs. These will no longer be called community designs in the future, but European Union designs (EU designs). The key aim is to make the process of registering designs at EU-level more time and cost-efficient, and to improve the protection available to designs in a rapidly-evolving landscape. Read the full article by Matthew Ridley and Dr. Carolina Strohmaier-Meiß here: https://lnkd.in/efthZs8c

We are pleased to announce that Donna Trysburg and Gillian Farmer have joined the partnership of Boult, effective 1 November 2024. Donna joined Boult in 2013. Her broad practice encompasses brands in the media, automotive, telecommunications, technology, hospitality and financial services sectors. She is adept at dispute resolution and advisory work, including advising on contentious opposition proceedings, domain name dispute resolutions and on the preparation of settlement agreements. Gillian joined Boult as a Senior Associate, having previously worked in the trade mark litigation departments of IP firms in South Africa. She has wide-ranging expertise in the management of international trade mark portfolios, particularly in the telecommunications sector. Both appointments are well-deserved, and strengthen our already exceptional trade marks partner team. Read more about the work of our trade marks team here: https://lnkd.in/eCZRP5B9

The #greenenergy and #renewables industry is of huge significance to society and represents a rapidly evolving market with technological advancement at its core. Intellectual property is an essential tool for protecting innovation in this fast-paced field. Our green tech team have put together a 101 guide to #greentechnology-related #intellectualproperty (IP) rights. Whether you are established in the field, or a first-time green tech start up looking to protect your innovations, this guide is for you. Find out more about our #greentech team here: https://lnkd.in/dKyY7U2t

Charlotte Hrecinuc (née Martin) and Prakriti Singh, part of Boult's AI team, discuss the newly introduced EU AI Pact. Back in 2023, we reported on the European Parliament passing the EU AI Act. Over a year later, on 1 August 2024, this EU AI Act came into force. The Act aims to regulate development and use of AI systems by businesses in the EU and champions principles of transparency, human oversight and accountability. Compliance with the EU AI Act is compulsory for businesses using AI in the EU, with hefty fines imposed for violations and prohibited AI practices. Whilst the EU AI Act is now in force, many of its rules and prohibitions do not yet apply. These will be introduced in a staggered way over the next 2-3 years. To bridge the gap, the EU Commission has introduced the EU AI Pact – a voluntary and non-binding initiative to encourage businesses to comply with the key obligations of the EU AI Act ahead of time. Businesses may choose to engage with the Pact to promote trust in their AI technologies and to allow them to work more closely with the EU Commission to build a common understanding of the Act. Read the full bulletin here: https://lnkd.in/eWqsqTjD #AI #PatentLaw #EUAIPact #EUCommission

Trade mark assistant Saskia Caseman discusses benchmarking within the #retailmarket. The bulletin focuses on the case of Thatchers Cider Company Limited v Aldi Stores Limited, where the fine line between benchmarking and infringement was explored. Read it in full here: https://lnkd.in/eVqkY3Ca #benchmarking #lookalikes

We are extremely excited to announce that we’ll be exhibiting at the golden 50th edition of The Business Show, on the 13 and 14 of November, at the ExCeL London. Celebrating entrepreneurialism, innovation and small businesses, The Business Show is the largest business event for SMEs and startups helping them to discover the secrets of success. It’s free to attend, get your tickets here: https://lnkd.in/eVekt3JA and come see us at stand B1130. #TBS50 #TheBusinessShow #TBSUK

There’s just a few days left to apply for our trainee scheme.   After graduating, our #traineeprogramme provides a superb first step on your road to becoming a registered #patentattorney and European patent attorney or a registered #trademarkattorney.   You will have direct contact with clients from the start, you will be working on real cases and be working alongside partners who have a stellar reputation. The responsibility you’re given is based on your ability not how long you’ve worked in the profession.    Quality is at the heart of our training. We offer a mixture of styles of learning including internal tutoring, soft skills sessions, a trainee buddy, a mentor and the applicable university course. When you are studying at university, your course and exam fees, materials and (where necessary) accommodation are covered by the firm and we will give you paid study leave.   For more information have a read through our careers brochure or visit our website - https://lnkd.in/eQAc_Tvh   If you have the technical background, interpersonal skills and ambition you’ll need to succeed in an IP career at a European firm, we want to hear from you. Apply via our portal here - https://lnkd.in/eM3hpTR4   The current application window closes on 31st October.

Trade mark attorney Nicola Ivey discusses how #fashion companies are adopting the growing trend '#blanding'. Read the full bulletin on our website: https://lnkd.in/eEA_BFic

We can announce that Boult has been recognised in Band 1 by Chambers and Partners for both patents and trade marks for 2025. The firm has maintained a Band 1 ranking for both sides of our business for over a decade. In addition, Partners Dr Catherine Wolfe and Emma Pitcher, and Senior Partner Tony Pluckrose, have all been recognised individually as Band 1 by Chambers. We have received some excellent feedback from our clients through Chambers, including: “BWT are thoughtful in their advice, taking into account the business realities. They have a comprehensive understanding and strong command of patent prosecution before the EPO and UK patent offices.” “We selected them for their ability to handle complex and sophisticated matters, and they have never let us down.” “A professional team which has worked together for a long time with deep understanding, continuity and knowledge of the client’s business.” “They are a core part of a global external IP support team and help drive the tactics and strategy with a global view.” More information on the rankings can be found here - https://lnkd.in/g2vtsZxV