Miroslav Šmudla

1. 0507-2017

   Trade marks: Invalidity of colour mark

   The Court of Appeal has confirmed that a combination colour mark for inhalers was invalid as it was not graphically represented. Article 4 of the EU Trade Mark Regulation (207/2009/EC) (Article 4) provides that an EU trade mark (EUTM) must be capable of being represented graphically.

2. 0507-2017

   Trade marks: Meaning of establishment

   The European Court of Justice (ECJ) has ruled on the meaning of establishment within Article 97(1) of the EU Trade Mark Regulation (207/2009/EC) (Article 97(1)) for the purposes of bringing infringement proceedings. Under Article 97(1) and the recast Brussels Regulation (1215/2012/EU), EUTM infringement proceedings must be brought in the courts of the EU member state in which the defendant is domiciled or, if they are not domiciled in any of the member states, in which they have an establishment.

3. 0407-2017

   Trade marks: Invalidity of shape mark

   The Court of Appeal has confirmed the invalidity of a three-dimensional chocolate bar trade mark. A trade mark will be refused registration if it is devoid of distinctive character and the mark has not acquired distinctiveness through use in the marketplace (section 3(1), Trade Marks Act 1994) (section 3(1)).

1. 1605-2017

   Bird & Bird ATMD successfully defends trade mark invalidation for BIGBOX

   Bird & Bird Singapore Intellectual Property team, successfully defended a trade mark invalidation action for the mark "BIG BOX"

2. 2807-2016

   Bird & Bird ATMD wins trade mark and passing off action for pharmaceutical giant, Allergan Inc.

   Bird & Bird ATMD LLP's Intellectual Property team, including Alban Kang (Partner) and Oh Pin-Ping (Counsel), has secured a win for Allergan, Inc., the maker of well-known products such as BOTOX and LATISSE, in a trade mark infringement and passing off claim before the Singapore High Court.

3. 1103-2016

   Bird & Bird is named UK Firm of the Year for Trade Mark Contentious Work at MIP's Global Awards

   Bird & Bird was delighted to take home the award for "UK Firm of the Year for Trade Mark Litigation" at Managing Intellectual Property's Global Awards, which were held on 10 March at the Savoy Hotel in London...

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