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Federal Administrative Court considers distinctiveness of 'colour + label' mark

Switzerland - The Federal Administrative Court has overturned a decision of the Federal Institute of Intellectual Property in which the latter had refused to register Philip Morris AG's mark BLACK LABEL for various goods in Class 34. Among other things, the court found that the combination of the element 'label' and the colour black was not descriptive of tobacco goods, especially as 'black' is not a commonly used description in relation to these goods. Full text

Fame of PUREX mark counts against it in trademark opposition

New Zealand - In Yousef v Pepscanz Ltd, the assistant commissioner has rejected oppositions by Pepscanz Ltd, the owner of the PUREX marks, against the registration of two PURE logos for tissue paper, toilet paper, paper towel and serviettes. The fact that Pepscanz’s PUREX mark is well known in New Zealand was held against it, as the assistant commissioner found that the mark would immediately be perceived in its own right. Full text

The Intellectual Property Bill: "more evolution than revolution"

United Kingdom - The new Intellectual Property Bill had its second reading on May 22. Among other things, the bill proposes new criminal penalties for intentional infringement of registered designs and a new opinions service for registered designs, as well as the strengthening of, and "improvements" to, design rights. Full text

Latest blogs

Russian antitrust agency calls for legalisation of parallel imports

Russia - The head of Russia’s antitrust watchdog this week called for the possible legalisation of parallel imports. While it is too early to say whether the proposals have much chance of becoming law, trademark owners should be aware of the ongoing debate surrounding grey goods in the country. Read blog
Jack Ellis | May 24 2013

Brand campaigns go negative in Vietnam

Vietnam - Coca-Cola is not the first brand to face significant negative publicity in Vietnam, but recent anti-consumer campaigns directed at the fizzy-drink manufacturer have been more vehement than others. In response to such incidents, trademark counsel propose community service outreach and close relationships with the mass media, and stress that the importance of social media should not be underestimated. Read blog
Seher Hussain | May 24 2013

Singapore and Spotify; the battle against piracy

Singapore - Recently Spotify announced its entry into the Asian market, launching in Singapore, Hong Kong and Malaysia.Although focused on copyrighted content, Spotify’s efforts to change Singaporean attitudes to intellectual property will also in the long run benefit trademark owners by raising the overall level of IP awareness and respect. Read blog
Seher Hussain | May 23 2013