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Legal updates

South Africa
Supreme Court of Appeal considers standard for registrations in bad faith
In Etraction v Tyrecor, the Supreme Court of Appeal has examined the issues of vested rights, use in relation to registered goods and use in good faith. Among other things, the court found that Tyrecor had vested rights in the trademark INFINITY in relation to tires, and allowed Tyrecor’s counterclaim for the partial expungement of Etraction’s INFINITY mark.
Turkey
Constitutional Court abolishes Article 7/1-i of Decree Law No 556
The Constitutional Court has abolished Article 7/1-i of Decree-Law No 556 on the ground that it was unconstitutional. Under Article 7/1-i, applications for the registration of well-known trademarks filed without the permission of the true owner were rejected by the TPI ex officio. Following the abolition of Article 7/1-i, the TPI may no longer refuse applications for well-known marks on absolute grounds.
Spain
Revoked trademark held to have been infringed
In a case involving two LIBERTO trademarks for Class 25 goods, the Barcelona Court of Appeal has found that the plaintiff's trademark should be cancelled for lack of use and that the defendant's trademark was invalid. However, it also found that the plaintiff's revoked trademark had been infringed by the defendant.

Blog

03 Jul 2015
Counterfeits and customs seizures in China: an infographic
China’s customs agency has released a report into its IP enforcement efforts during 2014. The data reveals that the number of detained shipments is growing significantly year-on-year, and underlines the importance of engaging with customs authorities in the world’s biggest exporter. We have studied the figures and created an infographic that presents the key findings.
02 Jul 2015
Funimation’s boundary-setting statement offers positive lesson on trademark engagement
When a trademark owner is perceived to act in a heavy-handed way, any resulting backlash is reported with relish by the mainstream media. However, the reverse rarely gets the coverage it deserves. This week, US production company Funimation directly engaged with the fan art community in a bid to explain how and why it has to police its marks. Its message was broadly welcomed by its target audience, many of whom have become allies in spreading the message.
01 Jul 2015
Trademark King coverage tops list of the most-read WTR blogs
Our most-read blog in June focused on the pros and cons of ‘do-it-yourself’ trademark filings, after one commentator warned that an individual who had spent up to $50,000 in trademark filings could find that his applications are “void from the outset”.

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Tweets

July 03

Counterfeits and customs seizures in China: an infographic. http://t.co/qsTMmVnCp6 #infographic #china http://t.co/NeBn2EH8if

July 02

.@FUNimation’s message to the anime community is a positive lesson on trademark engagement. http://t.co/oVLS5BPDDH http://t.co/9HuUh0LqIh

July 01

Trademark King's $50,000 worth of "void from the outset" trademarks tops our list of most-read WTR blogs in June. http://t.co/ljsTCbPITr #IP

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Upcoming event

Upcoming event

October 29 2015 – New York, United States

The inaugural World Trademark Review conference will be Managing the Trademark Asset Lifecycle, which will take place at Convene Times Square, New York on October 29 2015. 

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