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Mary Bagnall

Partner

Mary is the Head of Intellectual Property and specialises in the protection and enforcement of intellectual property rights, including trade marks, copyright and designs.

mary-bagnall

About

Mary is the Head of Intellectual Property and specialises in the protection and enforcement of intellectual property rights, including trade marks, copyright and designs. She has extensive experience in conducting trade mark infringement and passing off proceedings, copyright and design actions, trade mark registry proceedings in the UK and EUIPO, and appeals to the UK courts and the Court of Justice of the EU, and in disputes involving confidential information and database rights. She also represents clients in Internet and domain name disputes including in ICANN, Nominet and Czech Arbitration Court proceedings and infringements on Internet auction sites, and in relation to advertising issues including complaints to the ASA, and issues involving comparative advertising and product denigration.

Mary assists a wide range of clients from the largest international brand owners to SMEs across diverse industries including fashion, retail, food and drink, sports, leisure, entertainment, technology and chemicals. She has particular expertise in the protection and enforcement of so-called non traditional trade marks, having being involved in a number of colour, shape and get up cases including the successful enforcement of the colour green for BP, in its landmark decision in Northern Ireland, the protection and enforcement of Lindt's Gold Bunny product in the UK, and most recently for Cadbury in its long running dispute with Nestle over the protection of Cadbury Purple in the Court of Appeal. Mary is currently involved in several complex multi jurisdictional trade mark disputes, including for high profile brand owners in the communications, manufacturing, and sports industries.

She is an active member of the Chartered Institute of Trade Mark Attorneys and the International Trademark Association, and speaks regularly on brand issues, notably at events for the luxury brands industry. Mary is recognised as a trade mark expert by Who’s Who Legal: Recommended for Intellectual Property 2023.

Mary is admitted to practise in England and Wales.

Experience

  • Advising on the protection of non-traditional trade marks including single colours, combinations of colours, shapes, and packaging get up, including for Cadbury in its long running dispute with Nestle over the protection of Cadbury Purple.
  • Advising a global sports brand in relation to pan European trade mark disputes.
  • Advising on and implementing brand clearance, protection and enforcement strategies for a number of household brands, SMEs, and family businesses.
  • Conducting multiple trade mark opposition, revocation and cancellation proceedings in the UK and EUIPO for a specialist communications business.
  • Defending trade mark infringement proceedings for a household name in the leisure industry.

Recognition

  • Chambers-2024-Mary-Bagnall
  • legal-500-hall-of-fame-2024
  • uk-leading-individual-2022

News & Insights

  • Combatting lookalikes in the light of Thatchers v Aldi

    Mary Bagnall

    Insights

  • Protecting Software and Apps – the Legal Do’s and Don’t’s

    Mary Bagnall

    Insights

  • Charles Russell Speechlys named ‘UK Trademark Prosecution Firm of the Year’ at the Managing IP Awards 2023

    Mary Bagnall

    News

  • Charles Russell Speechlys Intellectual Property team successfully oppose the registration of a certification mark for Manuka Honey

    Mary Bagnall

    News

  • World Intellectual Property Review quotes Mary Bagnall on the Cadbury trademark win

    Mary Bagnall

    In The Press

  • Charles Russell Speechlys achieves colour trade mark registration for iconic ‘Cadbury Purple’

    Mary Bagnall

    News

  • Mary Bagnall quoted by CITMA Review on the importance of mental health campaigns

    Mary Bagnall

    In The Press

  • Mary Bagnall writes for Intellectual Property Magazine on the government’s consultation document on the future regime for exhaustion of UK IP rights

    Mary Bagnall

    In The Press

  • Diversification of landed estates – a trade mark lawyer’s advice...

    Mary Bagnall

    Insights

  • Charles Russell Speechlys advises Canadian toymaker Spin Master on acquisition of iconic Rubik’s Cube®

    Daniel Rosenberg

    News

  • Retail Recovery: Brand Protection, Intellectual Property & Brexit

    Caroline Greenwell

    Podcasts

  • Update on deadlines in light of COVID-19

    Mary Bagnall

    Insights

  • Trade mark scam - New style of fake EUIPO requests for payment

    Mary Bagnall

    Insights

  • Intellectual Property update: COVID-19

    Mary Bagnall

    Insights

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