Marks & Clerk

We’re proud to announce the relocation of our Birmingham office to a new, state-of-the-art space in the heart of the city’s central business district. “Our Birmingham office has deep roots in the city, dating back to our founding in 1887,” said John Ferdinand, Birmingham Office Managing Partner. “This relocation not only reinforces our long-standing commitment to the region, it provides a collaborative space where our team can continue to grow in the ever-evolving IP landscape.” Discover more about our Birmingham team and new location: https://lnkd.in/eSxpbGDF #IntellectualProperty #BirminghamBusiness #Innovation #OfficeMove #IPLaw

Marks & Clerk is pleased to be partnering with Tech Climbers once again for the Liverpool City Region 2025 list reveal. Join us to learn which businesses will be announced as this years Tech Climbers. The evening will feature speakers from across the region, sharing their experiences of growing a tech company in today’s landscape. Our team—Michael Shaw, Graeme Murray, Gavin Jones, Matthew Parr and Tom Gregory—will be there, ready to discuss how we support the local tech community. Get your tickets here: https://lnkd.in/eprA9cy7 #TechClimbers #Liverpool #IP #Innovation #TechCommunity

In a recent decision (UPC_CFI_156/2024), the UPC’s Munich Local Division dismissed a request for the preservation of evidence related to alleged patent infringement involving LED display panels in Mönchengladbach. The court held that, since the defendant did not substantively contest the claimant’s factual assertions, those facts were considered undisputed under Rule 171.2 of the Rules of Procedure (RoP). This effectively rendered the preservation request unnecessary. Importantly, the court confirmed that this procedural outcome binds the parties moving forward—preventing the defendant from later disputing the identity of the allegedly infringing products. This decision is a timely reminder of how procedural choices can significantly shape litigation strategy and outcomes. Want to dive deeper? You can read the full commentary by Thomas Prock and Tim Diao here: https://lnkd.in/e7quNbEx #UPC #PatentLitigation #IPLaw #LED #UnifiedPatentCourt

Earlier this month, the Canadian Intellectual Property Office (CIPO) introduced a new mechanism to challenge Official Marks, which are notoriously difficult to remove from the trademarks Register. Previously, trademark owners had limited options for overcoming such objections since Official Marks are not subject to summary non-use cancellation or invalidity proceedings like regular trademarks and they do not need to be renewed so they can remain on the Register indefinitely – making them virtually unassailable. This new mechanism should prove to be a helpful tool to assist brand owners in overcoming objections to trademark applications on the basis of Official Marks. To find out more details on the changes read the full article by Michael O'Neill and Avery Lee here: https://lnkd.in/gwGra6md #CIPO #OfficialMarks #Trademarks

Has Aldi been smelt out? A recent decision from the Dutch courts has seen Aldi restrained from selling reed diffusers that Rituals Cosmetics say infringe its registered EU design. Rituals secured an interim injunction just one day after spotting the products on Aldi’s website, demonstrating the power of registered design rights in taking swift, effective legal action. The case raises questions around how far a retailer can go in echoing a competitor’s aesthetic without crossing the line. Read more on the case and the implications from Amy Morris and Michael Shaw here: https://lnkd.in/eFfz6cNn #Retail #Aldi #BrandProtection #IntellectualProperty

Join us for the second session in our IP Unlocked series: Turning Your IP into Investment Gold, taking place on Tuesday 29th April at Scion House, 9:30am – 11:30am. In this session, Yann Robin and Noelle Pearson will explore how intellectual property can enhance your business’s investment potential. From identifying valuable trademarks and patents to navigating due diligence and ensuring freedom to operate, this talk will offer practical guidance for leveraging IP as a strategic asset. Register here: https://lnkd.in/epB9YD2c Forthvalleychamber #IPUnlocked #IntellectualProperty #BusinessGrowth #InnovationStrategy #InvestmentReady #Trademarks #Patents

The Munich Local Division has ruled that the Unified Patent Court does indeed have jurisdiction to hear cases involving alleged infringing acts committed before the UPCA came into force, as well as during an opt-out period prior to its withdrawal. This issue was previously left unanswered by the Mannheim Local Division in UPC_CFI_365/2023. But in UPC_CFI_342/2024 and UPC_CFI_483/2024, the Munich court clarified that the relevant time for assessing jurisdiction is when the action is filed — not when the infringing acts occurred. This interpretation hinges on Article 3(c) UPCA and has broad implications for how past conduct involving European patents might now fall within the UPC’s scope. If you'd like to dive deeper, you can read the full commentary by Thomas Prock and Karan Lalwani here: https://lnkd.in/ehq2fkEk #UPC #UnifiedPatentCourt #IP #PatentLitigation

In just over a week’s time, Samantha Collins will be heading to Geneva to attend the World Intellectual Property Organization – WIPO Conference – 25th UDRP anniversary. The conference will commemorate 25 years of protecting brands and consumers online and bring together a variety of stakeholders to share their experiences and look at the future of the Uniform Domain Name Dispute Resolution Policy. Please get in touch with Sam if you’d like to meet up with her at the event. For more information, please visit: https://lnkd.in/eyYVkSYs #domains #TradeMarks #IP #IntellectualProperty

Join Aimava Ltd at Marks & Clerk’s London office on 1 May 2025 from 10.00 a.m. to 5.00 p.m. for an exclusive AI Workshop: Practical AI to Drive Productivity and Creativity. Discover the latest generative AI tools including GPT-4, Claude, HeyGen, and Vidyo, in an interactive, hands-on session designed to showcase how AI can drive real impact across industries. This workshop is ideal for investment managers, CVC partners, analysts, and marketing teams eager to integrate AI into their workflows. We're also excited to welcome Simon Portman of Marks & Clerk later in the day for a special session, including a 30-minute talk on legal issues arising from using AI in your business -bring your AI-related questions. #AI #ArtificialIntelligence #Creativity #Productivity

We’re proud to share that a number of our talented trainees - from all eight of our UK offices - have recently passed key exams on their journey to becoming fully qualified patent attorneys. Full details can be found on our website via the link below - congratulations to everyone mentioned! #examsucess #intellectualproperty #congratulations https://lnkd.in/eZBYAeGx