Trademarks – IP Law Watch

Life After Skykick: UKIPO Issued New Guidelines

Aug 06 2025

Following the Sky v. SkyKick judgement, issued in December 2024, the UKIPO has now issued a practice note providing applicants with guidance on drafting and filing trade mark applications in the UK. Sky v SkyKick highlighted that filing an application for unduly broad specifications of goods and services with no genuine intention to use the mark can constitute bad faith and applicants are now provided with the tools to avoid the most common pitfalls.

Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 2

Jul 16 2025

Our first article in this series highlighted the financial and reputational damage counterfeiting causes to brand owners and the significant societal consequences associated with the reproduction, sale and dissemination of counterfeit products around the globe. We looked at how having strong Intellectual Property (IP) protection, selling through social or e-commerce platforms that have rigorous seller verification processes and educating consumers, retail and social platforms about the difference between genuine and counterfeit products, are all fundamental strategies which can be effective in the fight against online counterfeiting. Supplementing these steps with strategic enforcement action and IP protection measures are equally important.

Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 1

Jul 08 2025

In this two-part series, we show not only how to protect your brand from counterfeiting but also how your efforts to do so can simultaneously reduce organised crime, people trafficking, forced labour, toxic health risks and environmental crimes.

Perfume, Proof, and Parallel Imports: How Coty’s Traceability System Won a Trade Mark War

Jun 27 2025

Background

On 16 April 2025, the District Court of The Hague in the Netherlands handed down a decision relating to the complex issue of trade mark exhaustion in the context of parallel trade disputes.

A Quest Against Middle-earth: Lord of the Fries Successfully Registers LORD OF THE Mark

May 13 2025

The intellectual property rights owner of The Lord of the Rings franchise, Middle-earth Enterprises, LLC (Middle-earth Enterprises) has renewed its pursuit against Lord of the Fries IP Pty Ltd (Lord of the Fries), having recently appealed the Australian Trade Marks Office’s decision allowing the registration of the word mark LORD OF THE filed by Lord of the Fries. We discuss below the key issues in dispute in the trade mark opposition filed by Middle-earth Enterprises.¹

Be Wary: Sophisticated Scam Emails Impersonating IP Attorneys

Jan 22 2025

Business owners should be aware of a new email scam circulating impersonating an intellectual property (IP) representative, containing false information, and offering trademark assistance. This nefarious email scam is sent by an operator impersonating a known Australia registered patent and/or trade mark attorney to garner legitimacy. IP Australia has provided an example of the scam and both IP Australia and the Institute of Patent and Trade Mark Attorneys (IPTA) continue to publish alerts regarding this issue.

USPTO Patent and Trademark Fee Increases

Dec 23 2024

The United States Patent and Trademark Office (USPTO) has announced increased patent and trademark fees effective 19 and 18 January 2025, respectively.

You’re Gonna Hear Me Roar: Katy Perry Wins Appeal Against Local Australian Fashion Designer

Dec 15 2024

In the long-running trade mark dispute between international popstar Katy Perry and Australian fashion designer Katie Taylor, the Full Federal Court has overturned the first instance decision of Taylor v Killer Queen, LLC (No 5) [2023] FCA 364 and ordered that Taylor’s trade mark be cancelled.

Be Very Mindful When it Comes to Social Media Trends and Trade Marks

Sep 06 2024

“Brat summer”, “coquette aesthetic”, “strawberry milk makeup”: social media trends can achieve viral status essentially overnight. However, their popularity is frequently short-lived. As a result, brands will often quickly devise marketing strategies incorporating these trends and catchphrases as soon as possible to capitalise off the current popularity and appeal to consumers.

No Point Crying Over Spilled “Not Milk” – Distinctiveness Issues For Trade Marks In The Plant-Based Food Industry

Jun 03 2024

The plant-based food industry is growing at a rapid pace, with popularity amongst consumers increasing because of its purported health and environmental benefits. However, a recent General Court decision in the EU highlights the difficulties brands face in obtaining trade mark protection for plant-based food if brands are not sufficiently distinctive (despite a tendency in the industry to develop brands which are a play on words of traditional food products).

Category:Trademarks

Background