Category Archives: Uncategorized

Beef up your evidence!

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Supermac’s recent successful revocation of McDonald’s EUTM registration No. 62638 for BIG MAC on the grounds of non-use* should be a stark reminder to trade mark owners of the importance of submitting robust evidence of genuine use of their mark, whether defending a non-use revocation action or submitting proof of use of an earlier right.

In support of their EUTM 62638, McDonald’s submitted three affidavits signed by representatives of McDonald’s companies claiming significant sales figures during the relevant period, together with examples of packaging, promotional brochures and menus, prints of advertising posters and website pages bearing the mark BIG MAC, as well as an extract from Wikipedia on the BIG MAC brand. Assessing the probative value of the affidavits in conjunction with the additional evidence of use submitted, the Cancellation Division concluded that McDonald’s’ evidence was insufficient to prove that the mark BIG MAC had been put to genuine use in the EU in respect of the relevant goods and services during the relevant period of time. 

When collating evidence of genuine use for submission before the EUIPO, it is vital to demonstrate the place, time and extent of use of the mark in question. Where a trade mark owner is unable to produce well documented records of their trade mark use or where such records are thin on the ground, eccora’s experienced investigators are well placed to assist. Using our extensive research and investigation processes, we are able to provide robust bundles of evidence, including evidence from independent third party sources, to support claims of genuine use. Equally, should a trade mark owner seek assistance in gathering evidence of non-use of a registered trade mark (in support of a revocation action) or evidence of acquired distinctiveness of a mark, eccora has the extensive skills and resources to facilitate this.

Our full range of services can be found at here. 

* EUIPO Cancellation Division Decision No. 14788C Supermac’s (Holdings) Ltd v McDonald’s International Property Company, Ltd

New team member!

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We are delighted to announce that Cara Baldwin has joined us as an IP investigator. Cara has a background as a UK, European and Irish Trade Mark Attorney with over 18 years’ experience in private practice working for top tier London IP firms. Cara has always been drawn to the investigative side of IP and has enjoyed, in particular, conducting trade mark use research. Together with her knowledge and experience of IP, Cara is also a keen linguist and with this brings further strength to our investigation team. Cara can be contacted at cnb@eccora.com

See you at the CITMA Spring Conference

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We are delighted to be exhibiting at the forthcoming CITMA Spring Conference being held between 21-23 March at County Hall, London. The conference – IP in a global economy – will tackle issues close to our heart with delegates hearing talks on counterfeiting challenges around the globe and debating this international problem. This is the 4th consecutive year we’ve pitched our stand and we are looking forward to catching up with existing clients and seeing some new faces. Come and talk to us to understand how we help brand owners tackle counterfeit issues or just for a quick chat about how our investigation reports allow for clear and informed decisions when looking to establish, develop, secure and protect trade mark and IP portfolios. Details of the event can be found here @CITMAuk

Instruct us online

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You can now also send us instructions or obtain a cost estimate via our website.

This provides flexibility and allows you to get investigations quickly underway via your PC, smartphone or tablet.

Available for our core services: Trade mark in use investigation, Common law search, Domain name investigation, Company name profile

Just visit http://www.eccora.com/instruct-us/

CITMA Spring Conference

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We are delighted to be exhibiting at the first CITMA Spring Conference, being held in London between 15-17 March 2017 at the Hilton London Tower Bridge.

Please take a moment to stop by at our stand for a chat about our IP research, investigation and acquisition services.

We’re also giving away some samples of our very own hand-roasted coffee as well as some swanky travel mugs!

We look forward to seeing you there! @CITMAuk

***Telephones***

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We are currently experiencing a temporary issue with the eccora telephone number.

We are working hard to resolve the issue as soon as possible.

In the meantime, please contact us via mail@eccora.com

eccora

New Services…combined In-Use / Common Law…EU-wide Co. Name Search

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In addition to our usual IP support services, eccora is now pleased to offer two new services to help you and your clients protect and strengthen IP:

• A combined in-use and UK common law investigation; this will provide one report covering the question of whether a mark is in use or not, combined with an exact common law search on the mark. Costs for a 5-day turnaround will be £750 plus VAT

• An EU-wide company name search to establish if your trade mark is registered as a company name in any of the 28 EU member states. This search costs £350 plus VAT.

We continue to offer the same seamless investigation services, the results of which have been used in courts and registries and by IP professionals in several countries to show

• Trade mark use and non-use;
• Company and business name profiling;
• Domain name investigations;
• Common Law searches;
• Trade mark infringement investigations;
• Establishing unregistered prior rights

We look forward to being able to assist you.

Regards,

Team eccora

The UK votes to leave the EU – what now?

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Although the UK has now voted to leave the EU, there will be no immediate change to IP protection levels or requirements. It is—and will continue to be—business as usual until there are any political or legal changes, which will be a matter of many months or years.

eccora will continue to monitor the situation and will react as and when circumstances change. The need for IP investigations will be there whether we are in or out of the EU and we will continue to help and assist all our clients with the growth and protection of their IP portfolios.

INTA – Orlando

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After a very enjoyable #SpringITMA conference in London and a relaxing Easter, @eccora is getting geared up for this year’s @INTA #INTA16 conference in Orlando. If you’d like to meet up during the conference, please feel free to get in touch mail@eccora.com