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News

The latest insights, sector developments and case updates from Potter Clarkson. Explore up-to-date content from our experts and stay informed on the issues shaping the IP landscape.

UK comparable trade marks: grace period ends soon
UK comparable trade marks: grace period ends soon
Article
Oct 13, 2025
3 min

UK comparable trade marks: grace period ends soon

As 2025 draws to a close, brand owners face an important deadline that could affect their UK trade mark rights. From 1 January 2026, it is no longer possible to rely on evidence of use in the EU to maintain the validity of UK comparable trade marks (often called “Brexit clones”). This marks the end of the grace period for use, originally set out in the UK/EU Withdrawal Agreement.

Chambers and Partners 2026
Chambers and Partners 2026
Firm News
Nov 1, 2025
3 min

Chambers and Partners 2026

We’re proud to announce that Potter Clarkson has once again been recognised in the Chambers UK Guide 2026.‍‍

cosmetics shopping
Article
December 12, 2024
6 min

Enhancing cosmetic formulations: The power of packaging

In the competitive world of cosmetics, the secret to standing out lies not just in your cosmetic formulations but also in your packaging.

FMCG
Designs
Patents
Brand Strategy
IP Strategy
fashion runway event
Case Update
December 10, 2024
4 min

Burberry launches trade mark action against B&M over use of “furberry”

British luxury fashion house Burberry has recently launched a legal action in the UK High Court against discount retail chain B&M for trade mark infringement and passing off. Burberry alleges that B&M is falsely representing goods sold under its “furberry” pet brand.

Fashion & Apparel
FMCG
Creative Industries
Trade Marks
Brand Enforcement
Brand Strategy
coffee waste
Article
December 10, 2024
6 min

Food waste powers new battery breakthrough

Researchers at the University of New South Wales (UNSW) have discovered that wine and coffee byproducts could revolutionise battery technology. This innovative approach not only promises to make batteries more efficient and eco-friendly but also addresses significant sustainability concerns.

Battery Technology
Energy & Cleantech
Food & Agritech
Patents
IP Strategy
court building
Case Update
December 9, 2024
9 min

Hague Local Division considers doctrine of equivalents in UPC first

The UPC has published a landmark decision on the doctrine of equivalents, in which it not only formulated the UPC’s test for equivalents but also found infringement on this basis for the first time.

Life Sciences
Biotech
Patents
Litigation
UPC Litigation
consumer goods
Article
December 3, 2024
3 min

Enhancing cosmetic formulations: The microplastics problem

Microplastics are tiny but mighty pollutants that pose a significant threat to our environment and health. These particles, less than 5mm in size, come from a variety of sources, including the breakdown of larger plastic debris and the shedding of synthetic textiles. As they infiltrate our oceans, rivers, and even the air we breathe, the urgency to address this issue has never been greater.

FMCG
Designs
Case Update
December 2, 2024
6 min

Intervener status in appeal proceedings: referral to EPO’s Enlarged Board of Appeal

An EPO Board of Appeal has requested clarification from the Enlarged Board of Appeal concerning whether, following the withdrawal of all appeals, proceedings may continue with a third party who intervened during appeal proceedings, and in particular whether the third party may acquire appellant status.

Life Sciences
Biotech
Patents
Litigation
sweden
Article
November 29, 2024
3 min

Sweden joins the Madrid E-Filing System

The Swedish Patent and Registration Office (PRV) has joined the Madrid e-filing system. This update, which has recently been implemented, allows international trade mark registrations based on Swedish marks to be filed and administered through an online portal provided by the World Intellectual Property Organization (WIPO).

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Trade Marks
Brand Strategy
Case Update
November 28, 2024
18 min

Inventive step approach confirmed in NanoString revocation decision

The Central Division (Munich) has handed down a significant revocation decision in the ongoing patent battle between NanoString v 10x Genomics and President and Fellows of Harvard College. This follows the Court of Appeal’s decision earlier in the year in relation to another (closely related) patent, in which it set aside a preliminary injunction ordered by the Munich Local Division, holding that the patent was (more likely than not) invalid.

Biotech
Patents
fashion store
Case Update
November 27, 2024
5 min

Katy Perry wins trade mark appeal against Sydney fashion label Katie Perry

Global pop star Katy Perry has won a long-running trade mark dispute with the Sydney-based fashion designer Katie Perry.

Fashion & Apparel
Creative Industries
FMCG
Trade Marks
Brand Enforcement
Litigation
Mediation
Article
November 25, 2024
6 min

UPC Court of Appeal: national proceedings commenced before 1 June 2023 do not bar opt-out withdrawal

The UPC Court of Appeal (“CoA”) has confirmed that the withdrawal of an opt-out is permissible where national proceedings concerning the patent in question are started before 1 June 2023, overturning the first instance decision of the Helsinki Local Division.

No items found.
Patents
Litigation
UPC Litigation
Freedom to Operate
Case Update
November 18, 2024
10 min

Sky v SkyKick: Supreme Court Decision on bad faith and its implications for trade mark owners

Following seven years of litigation, the Supreme Court issued its decision in the Sky v SkyKick case on 13 November 2024. The decision addressed ‘Bad Faith’ in the context of broad specifications of goods and/or services filed solely for enforcement purposes, and without genuine intention to use the mark for all the goods and/or services.

No items found.
Trade Marks
Litigation
Brand Enforcement
Article
November 18, 2024
9 min

Online risks to charity brands: What to consider

The current economic unrest is massively impacting charities’ fundraising efforts, placing enormous pressure on their income and their ability to meet increasing operational overheads. However, digital age, once welcomed as a vehicle for growth, is only adding to economic worries. Online fraud and financial crime have a huge effect on charities, not only financially but also reputationally.

No items found.
Brand Enforcement
Firm News
November 14, 2024
2 min

Potter Clarkson partners with Sustainable Ventures to support climate tech innovation

We are very pleased to announce we have partnered with Sustainable Ventures, Europe’s largest climate tech ecosystem.

Energy & Cleantech
IP Strategy
Case Update
November 13, 2024
14 min

IPEC puts clear water between UK and EU law on works of artistic craftsmanship

Deputy Judge Forsyth has handed down the long-awaited (and hotly anticipated) judgment in WaterRower v Liking Limited. The judgment cuts to the heart of the apparent tension between the requirements for the subsistence of copyright in the EU, and those in the UK. It is the first judgment to grapple meaningfully with those differences since Brexit, and leaves us in a position in which - for the creators of industrial designs or applied art - the EU appears an increasingly important jurisdiction.

Fashion & Apparel
Creative Industries
FMCG
Sportstech
Engineering
Copyright
Designs
Trade Marks
IP Strategy
Case Update
November 13, 2024
5 min

What can Teva teach us about competition law?

The connection between IP and competition law may not be immediately obvious. However, it is important to bear in mind that competition law affects all commercial dealings, including intellectual property transactions. By their nature, intellectual property rights and, especially, patents, are anti-competitive. They provide monopoly rights, which inevitably restrict entry into the market of competing products.

Life Sciences
Biotech
Patents
Litigation
IP Strategy
Article
November 13, 2024
4 min

Strengthening design protection: Insights for businesses on the new EU design package

In mid-October, the Council of the European Union approved two legislative acts within the EU design package: an updated directive on the legal protection of designs and an amended regulation on European Union designs. This is the last step in the decision-making procedure within the EU and is therefore now relevant for businesses and stakeholders to start engaging with.

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Designs
IP Strategy
Brand Enforcement
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