Legal updates

European Union
TOBBIA or not TOBBIA is no longer the question
The EU Intellectual Property Office (EUIPO) First Board of Appeal has overruled the EUIPO Cancellation Division and declared the trademark TOBBIA and device confusingly similar to PEPPA PIG and device, primarily due to the device elements of the two animals. The board found that the devices were visually similar, but did not address the dissimilarity of the word elements.
United Kingdom
Court of Appeal upholds decision in London Taxi case
The Court of Appeal has upheld the High Court’s ruling in the London Taxi case, finding that the taxi cab shape mark lacks inherent distinctiveness. This unsurprising decision highlights the issues faced in registering and protecting shape marks. The judgment provides useful guidance on proving inherent distinctiveness and defining the average consumer.
China
China steps up the fight against malicious trademark registrations
At the annual China Trademark Office (CTMO) China International Trademark Festival, CTMO Deputy Director Cui Shoudong gave a speech which shed new light on the future for administrative protection and facilitation. He declared four major initiatives aimed at stepping up the fight against malicious trademark registrations. Although this is a positive move, it is not yet clear how the initiatives will be implemented.

Blog

17 Nov 2017
Analysis Germany’s hearty trademark scene and stunning courtroom win rates: exclusive data analysis
This week’s World Trademark Review country data report focuses on the bustling trademark landscape in Germany. We reveal the European powerhouse’s leading sectors, present essential filing data and explain how the country’s robust brands have continued to surge in value.
17 Nov 2017
News Wine seized after Alibaba tip-off, EUIPO opens design awards nominations, and Gene Simmons gets emotional: news round-up
Every Tuesday and Friday World Trademark Review presents a round-up of news, developments and insights from across the trademark sphere. In today’s edition, we look at Chinese authorities seizing thousands of bottles of wine after an Alibaba tip-off, a literally EPIC battle between beer brewers, Gene Simmons gets hot-under-the-collar about his withdrawn ‘devil horns’ trademark application, and a lawyer commends the “pitch perfect realism” of a TV comedy show’s depiction of a court case.
17 Nov 2017
Analysis MARQUES hits out at UK government inaction, urges EUIPO and UKIPO to begin Brexit talks
​​​​​​​MARQUES has laid out a series of recommendations for the treatment of IP rights in a post-Brexit world. In addition to calling for the harmonisation of rights to continue, it expressed frustration over the UK government’s “complete silence” on the issue and the absence of exploratory discussions between the UKIPO and EUIPO.

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Changing tides at ICANN

Amazon’s recent successful independent review panel decision with regard to the ‘.amazon’ gTLD could have a significant effect on ICANN governance
Brian Winterfeldt, Phil Marano and David Rome report

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