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Legal updates

European Union
Level of attention of end consumers who buy pharmaceutical products held to be above average
In Boehringer Ingelheim Pharma GmbH & Co KG v OHIM, the General Court has upheld in part a decision of the Fourth Board of Appeal of OHIM in opposition proceedings involving the marks LONARID and MOMARID for goods in Class 5. Among other things, the court held that the board had been right to find that the level of attention of end consumers who purchase pharmaceutical preparations for the reduction of pain and fever is above average.
United States
Consumers will not confuse ZOMBIE CINDERELLA with WALT DISNEY'S CINDERELLA
In In re United Trademark Holdings Inc, the TTAB has found that there was no likelihood of confusion between the marks ZOMBIE CINDERELLA and WALT DISNEY’S CINDERELLA for dolls. Among other things, the TTAB found that ‘Cinderella’, as used with a doll, was a weak term and entitled to a limited scope of protection.
Belgium
Brussels Commercial Court bares its teeth and protects shape of dog food
In a recent judgment on the merits, the Brussels Commercial Court has held that the X shape of Mars’ Dentastix dog food constituted a valid 3D CTM and Benelux design. Both IP rights had been invoked against a Belgian company commercialising X-shaped chew sticks for dogs on the European market. Among other things, the court held that the defendant sought to free-ride on Mars’ DENTASTIX mark and to benefit from its power of attraction.

Blog

16 Dec 2014
How to fight back against counterfeiters wanting to spoil the season of goodwill
It should be a time of Christmas cheer, but the brand protection challenge over the upcoming festive period will likely intensify rather than abate. James Corlett, senior manager of legal at fashion brand Karen Millen, offers some pointers on how brands can ensure that monitoring efforts continue while also giving overworked in-house staff a breather.
15 Dec 2014
A year at the USPTO – the trademark perspective
The USPTO has published its Performance and Accountability Report (PAR) for financial year (FY) 2014, with trademark operations getting a clear thumbs up.
12 Dec 2014
2014’s top 25 trademark stories and issues in mass media misreporting
As 2014 draws to a close and the World Trademark Review Daily email service prepares to take a short break, it’s a natural time to look back at the WTR blogs which received the most reads over the past 12 months.

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WTR 1000 preview: the global legal powerhouses revealed

The next edition of the WTR 1000, released in January 2015, comprehensively identifies the world’s leading trademark firms and practitioners. In this preview, we exclusively reveal those firms which have achieved a listing in more than one region, as well as those which are home to the largest numbers of independently recommended practitioners.
Nicholas Richardson reports

The world's leading trademark professionals

WTR 1000

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Tweets

December 16

We talk with the senior manager of legal at fashion brand Karen Millen about protecting your brand over Christmas. http://t.co/DdGlapmaKd

December 16

Trademark protection considerations for the holiday season: http://t.co/WPbOpc9GLX

December 15

Trademark operations get a clear thumbs up after release of USPTO's latest Performance and Accountability Report. http://t.co/wlWr6bP49D

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