Event

The Trade Mark Prosecution and Enforcement Landscape in the UK

Please join us for a panel discussion around arguably the most significant trade mark case of the year: The Trade Mark Prosecution and Enforcement Landscape in the UK after Sky v SkyKick.

Later this year, the UK Supreme Court will deliver a judgment which could fundamentally change trade mark prosecution and enforcement strategies in the UK.

In the case of Sky v SkyKick, the Supreme Court will rule on whether a UK trade mark covering a broad range of goods and services can be invalidated in whole or in part because the application was made in bad faith in that the trade mark owner had no intention of using the mark in relation to the extended goods and services. The SkyKick case was referred to the Court of Justice of the European Union and in 2020 that court formulated a bad faith test. The English High Court, however, adopted a different approach to the interpretation and application of that test, with the Court of Appeal disagreeing on how the test should be applied. The Supreme Court will decide which approach is correct. The Supreme Court hearing is listed for late June 2023.

In this interactive event - which will take place before judgment is handed down - we will anticipate the Supreme Court's decision. We will hear opposing views on which way the Supreme Court should rule and why, and discuss the practical implications of each outcome for brand owners around prosecution and enforcement strategy.

This will be a collaborative session, involving practicing trade mark experts from the UK and EU. There will be an opportunity for attendees to participate in a dedicated question and answer session, allowing broader audience knowledge sharing and debate around the important issues of bad faith.

There is also the option to join this event virtually.

To register for this event you will be redirected to a third party website. Pinsent Masons makes no warranties, representations or undertakings about, nor has any supervision or control over, the third party website (including, without limitation, in relation to its quality, content, reliability or security), nor shall Pinsent Masons be liable for its use. Please refer to the terms of use and privacy policy of the third party website.