United Kingdom: Trademark

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
A Weak Mark, A Strong Case: Practical Lessons For Brand Owners From Flowerbx
The Intellectual Property Enterprise Court has ruled that combining descriptive words like "flower" and "box" does not automatically create a descriptive trade mark, finding FLOWERBX valid and infringed by a competitor's similar branding. The decision demonstrates how strong evidence of brand recognition and actual consumer confusion can be decisive in trade mark enforcement cases, particularly in the context of online retail where visual similarity carries significant weight.
United Kingdom IP
BS
Burges Salmon
Article
Use It Or Lose It: Why No Brand Is Too Big To Lose Protection For Non-use
Trade marks require genuine commercial use to maintain protection, but what constitutes "genuine use" in practice? Recent high-profile disputes, including X's battle over the Twitter brand, reveal how corporate rebrands and strategic shifts can expose even world-famous marks to revocation challenges. Understanding the nuances of use requirements and maintaining proper evidence has become critical for brand owners navigating M&A activity, product discontinuations, or market expansions.
United Kingdom IP
M
Macfarlanes LLP
Article
Clear To Register, But Safe To Use?
When Bobbi Brown's Jones Road Beauty launched its "Wide Awake" concealer, a trademark search showed the name was clear. However, Molly Sims' YISE Beauty was already selling a "Wide Awake" eye cream, forcing a costly product rename. This case illustrates why comprehensive brand clearance must extend beyond trademark registers to include marketplace searches, social media monitoring, and competitor analysis—especially in crowded sectors where unregistered use can create significant commercial and legal
United Kingdom IP
MC
Marks & Clerk
Article
Samsung Ordered To Pay The Swatch Group US$11.6 Million In Damages For Trade Mark Infringement
The High Court has awarded the Swatch Group US$11.6 million in negotiation damages against Samsung for trade mark infringements involving watch face apps on the Galaxy App store. Rejecting both parties' extreme valuations of US$170 million and US$301, the court established important principles for assessing damages when brand owners don't license their marks and no comparable market royalties exist.
United Kingdom IP
Md
Mishcon de Reya
Article
Staying Onside: Ambush Marketing Risks Around The World Cup And Other Major Sporting Events
Major sporting events like the FIFA World Cup attract enormous commercial interest, but non-sponsors face significant legal risks when attempting to associate their brands with these tournaments. Understanding the boundaries between creative marketing and unlawful ambush marketing requires careful navigation of trade mark law, passing off, copyright protection, and consumer protection regulations that safeguard official sponsorship rights.
United Kingdom IP
FW
Fox Williams
Article
Fake Squishy Toys Seized In Hull Over Health Risk
Hull City Council's seizure of over 1,000 counterfeit "Squeezy Dumplings" toys containing the carcinogen benzene highlights the critical intellectual property and product safety challenges facing brand owners and retailers. This incident demonstrates how counterfeit goods can damage both consumer safety and brand reputation, while exploring the legal remedies and proactive measures available to combat the growing threat of unsafe imitations in the novelty toy market.
United Kingdom IP
LS
Lewis Silkin
Article
An Expensive Side Hustle: Social Media Influencer Ordered To Pay £213,000 For Trade Mark Damages
A social media influencer has been ordered to pay £213,000 in damages for selling counterfeit luxury goods bearing the trade marks of major fashion houses including Fendi, Loewe, Christian Dior, and Celine. The Intellectual Property Enterprise Court judgment explores how damages are calculated in trade mark infringement cases, particularly when defendants fail to provide adequate disclosure and when lost sales cannot be directly proven.
United Kingdom IP
LS
Lewis Silkin
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