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Federal Supreme Court considers requirements for cancellation of mark on absolute grounds

Germany - In cancellation proceedings against the mark SMARTBOOK, the Federal Supreme Court has held that the existence of absolute grounds must be established at the time of application, and that descriptive use of the mark after the filing date or the registration date does not prove that the mark was descriptive at the time of application. Full text

Supreme Court: two types of oppositions were available when country was part of Andean Community

Venezuela - The Supreme Court has considered whether oppositions under the Venezuelan Industrial Property Act were available during the period when Venezuela was a member of the Andean Community (the country withdrew from the community in 2006). The court concluded that there were two different types of oppositions, which were both valid. Full text

Draft amendment to trademark legislation introduced

Kosovo - The Industrial Property Office in the Ministry of Trade and Industry has prepared a draft law to amend Law No 04/L-026 on Trademarks. With these amendments, the government seeks to harmonise the protection of industrial property in Kosovo with the relevant directives of the European Union, as part of the legislative reform required by the negotiations for the Stabilisation and Association Agreement between the European Union and Kosovo. Full text

Latest blogs

Trademarking a tragedy: the need to defend against rogue trademarks of tragic events

International - The entire world was in a state of shock, disbelief and sadness last Thursday at the news that Malaysia Airlines flight MH17 had been shot out of the sky over war torn fields in Ukraine. Some individuals, though, saw the tragedy as something else entirely: an opportunity to register trademarks. Read blog
Tim Lince | July 24 2014

Social media marketers ‘need regular trademark training’

International - A lot of talk about trademark protection online is of brands protecting themselves from infringement, but the changing nature of brands engaging with consumers on social media will require marketing staff to take regular IP training so brands can avoid any legal or trademark hiccups themselves. Read blog
Tim Lince | July 23 2014

Proposed amendment to Russian trademark law receives mixed response

Russia - Russia’s Federation Council on Intellectual Property is proposing an amendment to Russian trademark law that would stop naturalistic images of products and descriptive trademarks as the basis for distinctiveness. WTR discovers a very mixed response to the proposed changes. Read blog
Tim Lince | July 21 2014

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