Legal updates

21 Jul 2017

OCTASA held to be similar to PENTASA

European Union - In Tillots Pharma AG v EU Intellectual Property Office (EUIPO), the EU General Court confirmed the EUIPO Fourth Board of Appeal’s decision that two signs were confusingly similar under Article 8(1)(b) of the EU Trademark Regulation where the goods compared were identical and there was a degree of similarity between the signs. Read update

21 Jul 2017

TTAB defers to the courts on trademark infringement claims

United States - The Trademark Trial and Appeal Board (TTAB) decision in Entrepreneur Media, Inc v D Nicole Enterprises, LLC highlights how litigants can successfully pursue parallel actions in both the federal court and the TTAB in order to seek injunctive remedies for trademark infringement and preclude federal trademark registration to the client’s advantage. Read update

20 Jul 2017

E-filing of industrial property applications in Vietnam

Vietnam - The National Office of Intellectual Property has launched an online filing portal for industrial property applications, which is currently on trial and being developed to run more efficiently, especially with regard to payment procedures. Read update

20 Jul 2017

Ukraine facilitates IP protection on the Internet

Ukraine - The Law of Ukraine on State Support of Cinematography has come into force, including amendments to the Law of Ukraine on Copyrights and Related Rights. Although the amendments are designed to address protection of copyright on the Internet, some provisions may be helpful in dealing with other IP matters. Read update

19 Jul 2017

Likelihood of confusion vaporised in beauty industry case

United States - In an unprecedential case, the Trademark Trial and Appeal Board dismissed an opposition filed by Cosmetic Warriors against the mark LUSH VAPOR owned by Tang Diem Tran for liquid e-cigarette flavourings, finding it unlikely to cause confusion with Cosmetic Warriors’ registered mark LUSH for perfumes, cosmetics and toiletry products, and related services. Read update

19 Jul 2017

“Parts of vehicles” and “vehicles” in Class 12 are similar

European Union - In Industrie Aeronautiche Reggiane Srl v EU Intellectual Property Office, the EU General Court held that “parts of vehicles” and “vehicles” in Class 12 of the Nice Classification are similar. The court explained that “parts of vehicles” are essential for the use of motor vehicles and they are therefore complementary. Read update

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Issue 68