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Legal updates

United Kingdom
Sky’s the limit for Skyscape when seeking a declaration of non-infringement
After Sky's solicitors wrote to Skyscape alleging that it was infringing a number of Sky's trademarks, Skyscape asked the court to grant a declaration of non-infringement. Although a viable tool in infringement cases, there are issues that claimants should bear in mind when seeking a declaration of non-infringement.
European Union
General Court affirms rejection of 3D ‘barbell’ toothbrush as EU trademark
The General Court has affirmed a decision of the EUIPO Second Board of Appeal that a 3D mark of a toothbrush was only a variant of a generally used and recognised shape of a toothbrush, and thus could not benefit from registration under the EU Trademark Regulation.
The new Virtual Office of Industrial Property
The Colombian Patent and Trademark Office have implemented a new modern and innovative platform for the online filing and management of distinctive signs, patents and certifications of industrial property.


27 Jul 2016
ICANN report says “little benefit” in extending gTLD protection mechanisms, despite lack of trademark owner engagement
ICANN has released a draft report on the efficacy of the Trademark Clearinghouse and rights protection mechanisms that suggests that there is little evidence to support an expansion of rights protection mechanisms – but the level of input from trademark owners may lead to questions over the findings’ usefulness in ICANN’s future policymaking.
26 Jul 2016
Aggressive trademark litigant decries ‘trademark troll’ label; warns major brands not to ignore cease-and-desists
A self-proclaimed ‘aggressive’ enforcer of trademark rights and frequent filer of IP infringement litigation action has told World Trademark Review that he primarily initiates disputes with major brands because cease-and-desist letters sent by small business owners are often "ignored or not taken seriously". Furthermore, he revealed he may consider legal remedies against parties – including the media – that refer to him as a ‘trademark troll’.
25 Jul 2016
First brand value-linked financial indices launched; what it means for trademark counsel
Brand Finance and Solactive AG have announced the launch of two financial indices which offer investors exposure to companies deemed to have a strong brand value. While geared towards the investment market, the move could have a positive payback for trademark counsel further down the road.

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The pressure of rising demand

Trademark applications at the USPTO increased by 10.7% in fiscal year 2015. As the office grapples with this expanding workload, we conducted a survey to gauge user sentiment on its operations and explore some of the trends and issues that are defining the US filing landscape
Trevor Little reports

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WTR 1000

The only definitive guide exclusively dedicated to identifying the world’s leading trademark professionals. The guide serves as a one-stop source of reference for anyone seeking superlative trademark professionals.

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July 28

New ICANN report says there is “little benefit” in extending gTLD protection mechanisms. #IP

July 28

An aggressive trademark enforcer's message to major brands: stop ignoring cease-and-desists.

July 28

What does the first brand value-linked financial indices mean for trademark counsel? #brand



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