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Louise Gellman

Louise Gellman

Partner

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
CMS Cameron McKenna Nabarro Olswang Pośniak i Bejm sp.k.
Warsaw Financial Centre
ul. Emilii Plater 53
00-113 Warsaw
Poland
Languages English

Louise is a Partner in our Intellectual Property (IP) team. She handles a range of IP matters for her established corporate clients. She specialises in trade mark law, advising in relation to the protection, exploitation and enforcement of trade mark rights.

Louise prosecutes UK and EU trade mark applications and using the Madrid Protocol system, and has a busy oppositions practice. She advises clients in relation to worldwide and European re-branding projects, and has considerable experience in running trade mark clearances and managing the subsequent filing programmes and international portfolios. She also provides strategic advice to brand owners regarding ownership and licensing structures and policing and enforcement. She often gets involved in transactional work, advising on the intellectual property aspects of corporate, banking and real estate transactions. Some of these deals involve large portfolios of rights and Louise manages the subsequent recordal programmes.

Post-Brexit, Louise will continue to hold representation and audience rights before the EUIPO and the Court of Justice of the European Union. Louise is English and Irish qualified, and she will operate her EU trade mark and design practice from our Polish office.

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"Louise Gellman is a repository of trust for marquee names when it comes to international portfolio management and contentious work… Gellman is completely unpretentious; she cares about her clients and understands their need for efficiency and for keeping costs down."

World Trademark Review, 2019

"The resident non-contentious specialist is Louise Gellman, a savvy prosecutor with a busy opposition practice at home and abroad. “She is a tenacious lawyer who serves well with her commercial and pragmatic approach. She is an excellent communicator regarding client tasks, deadlines and strategy.”"

2017 WTR 1000 Guide to Leading Trademark Professionals

Relevant experience

  • Clients include Jupiter, eBay, Deluxe Entertainment, Merisant, EFG Group, Eurobank, Superclubs, Costco, Kettle Foods, Hammerson plc, the Vitec Group and Samsonite.
  • Deluxe Entertainment on an appeal to the Court of Justice of the European Union,
  • Dealing with an appeal to the Supreme Court in Spain in relation to an EU wide injunction,
  • Successful appeals to the Appointed Person in the UK.
  • Advising on the IP aspects of a variety of corporate, banking and property transactions.
  • Liberty Living and Global Student Accommodation on significant IP aspects of the acquisition of various branded portfolios of student accommodation.
  • Brockton Capital on the significant IP aspects of the purchase of The Mailbox and of Camden Lock Market.
  • Land Securities on the IP aspects of the purchase of Bluewater Shopping Centre.
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Education

  • 1992 – BA (Hons) Politics, Philosophy & Economics (University of York)
  • 1993/4 – Law Conversion and Legal Practice Course (London Guildhall University)
  • 1999 – Postgraduate Diploma in Intellectual Property Law (University of Bristol)
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Memberships

  • Louise chaired INTA's Madrid System subcommittee for four years and is now an active member of the Famous and Well-Known Marks committee.
  • Marques: Geographical Indications Team.
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Publications

  • Key reforms under the amended EU Trade Mark Regulation - February 2016
  • The new, shorter.uk domain name is now available for registrations (IP briefing for clients) - June 2014
  • UK IPO introduces new fast track for trade mark enforcement (IP briefing for clients)- October 2013
  • ONEL: what constitutes genuine use of a Community Trade Mark? (IP briefing for clients) - February 2013
  • OHIM's box-ticking approach to class heading filings fails to tick all the right boxes (IP briefing for clients) - October 2012
  • Development of initial interest and post-sale confusion theories in UK trade mark law (co-authored with Melanie Worsdall), Intellectual Property Magazine - May 2012
  • Geographical indications: why traceability systems matter and how they add to brand value (co-authored with Alessandro Francesco Sciarra (SIB), Journal of Intellectual Property Law & Practice - April 2012
  • UK Intellectual Property Office to limit merger of existing UK registrations and abolish CTM opt-ins (IP briefing for clients) – March 2012
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Feed

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16 Mar 20
Coronavir­us – EUIPO and UKIPO pub­lish guid­ance on ex­ten­sion of dead­lines
The UKIPO and EUIPO have today pub­lished guid­ance on the ex­ten­sion of dead­lines. This fol­lows the an­nounce­ment of the WHO that the out­break of the coronavir­us dis­ease (COV­ID-19) can be char­ac­ter­ised as...
26 Feb 20
Can­nabis mark ruled con­trary to pub­lic policy
Back­ground On 19 Decem­ber 2016, Ms Santa Conte (“Ms Conte”) made an ap­plic­a­tion to re­gister an EU trade mark for the fol­low­ing fig­ur­at­ive sign in re­la­tion to vari­ous food and drink products and ser­vices...
05 Feb 20
AIWA v AIWA: Trade mark risks in ac­quir­ing zom­bie and dis­tressed brands
In Aiwa Co. Ltd V Aiwa Corp, the High Court held that the sale of second-hand goods with the con­sent of a trade mark pro­pri­et­or does not suf­fice as "genu­ine use" to avoid re­voc­a­tion for non-use. The Aiwa...
04 Feb 20
Ad­voc­ate Gen­er­al opin­ion: col­lect­ive EU trade mark re­gis­tra­tion is...
Ad­voc­ate Gen­er­al Kokott (the “AG”) re­cently handed down her opin­ion in the ap­peal in Case C-766/18 P Found­a­tion for the Pro­tec­tion of the Tra­di­tion­al Cheese of Cyprus named Hal­loumi v EUIPO, mak­ing...
23 Jan 20
Brexit: 31 Janu­ary 2020, 11pm (UK time) – will Trade Marks and Designs...
United King­dom 23 Janu­ary 2020 Cur­rently, it is ex­pec­ted that Brexit will take ef­fect on 31 Janu­ary 2020, 11pm (UK time). This art­icle provides a brief up­date on what Brexit means for EU trade marks and...
15 Oct 19
Brexit: EU Designs Check­list
This art­icle pulls to­geth­er the im­plic­a­tions for design right own­ers should the UK leave the EU without a deal. We run through the scen­ari­os for Re­gistered Com­munity Designs, Com­munity Un­re­gistered Designs...
02 Oct 19
Brexit: Trade Mark Check­list
This art­icle pulls to­geth­er the im­plic­a­tions for trade mark own­ers should the UK leave the EU without a deal. We run through the scen­ari­os for EU Trade Mark Ap­plic­a­tions, EU Trade Mark Re­gis­tra­tions and...
16 Jul 19
Sale of in­di­vidu­al brace­let links in­fringes Nom­in­a­tion’s trade mark
In Nom­in­a­tion Di Ant­o­nio E Paolo Gensini SNC & An­or v Brealey & An­or (t/a JSC Jew­ellery) it was quer­ied wheth­er the pur­chaser of a product sold un­der a trade mark was en­titled to dis­as­semble the product...
14 Jun 19
The EUIPO de­liv­ers its ver­dict on the long­stand­ing dis­pute between...
EUTM Can­cel­la­tion Ac­tion: (1) Pro­mote Ice­land, (2) The Iceland­ic Min­istry for For­eign Af­fairs and (3) SA – Busi­ness Ice­land v. Ice­land Foods Lim­ited. Back­ground Three Iceland­ic au­thor­it­ies (“Iceland­ic...
22 Feb 19
An up­date on mech­an­ics of UK cor­res­pond­ing rights for EUTM re­gis­tra­tions
As we edge closer to Brexit day, cur­rently due to take place on 29 March 2019, we have re­cently ob­tained ad­di­tion­al in­form­a­tion about post-Brexit ar­range­ments for own­ers of EUTM ap­plic­a­tions and re­gis­tra­tions....
15 Nov 18
Brexit up­date on In­tel­lec­tu­al Prop­erty Rights -Draft With­draw­al Agree­ment...
On 14 Novem­ber 2018, the UK and EU Com­mis­sion pub­lished the draft With­draw­al Agree­ment, which re­flects the status of Brexit ne­go­ti­ations at ne­go­ti­at­ors’ level on the draft With­draw­al Agree­ment between...
25 Sep 18
UK gov­ern­ment guid­ance on Trade Marks if there is a no-deal Brexit
On 24 Septem­ber 2018, the UK Gov­ern­ment pub­lished long-awaited guid­ance on how cer­tain as­pects of trade mark pro­tec­tion, and in par­tic­u­lar EU trade mark ap­plic­a­tions, will be treated in the event that...