Analysis: Legal


EUIPO revealed as world's most innovative IP office, but other registries are catching up

In the conclusion of our four-part series, World Trademark Review unveils the full IP Office Innovation Ranking, analyses the key findings from this year's project, and looks to the future.

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Changing attitudes to letters of consent - what brand owners need to know

Letters of consent have been problematic in China, where brand owners often experience difficulty in obtaining such letters from local companies and having them accepted by the courts. However, there are encouraging signs that the situation is changing...

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'.ng' registrations on the up, but government agency urges cyber patriotism

The National Information Technology Development Agency has called upon government and private sector organisations to use Nigerian data centres, arguing that it would facilitate "reductions in cost and capital flight".

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“This puts a stake in the ground”: why brands must pay attention to the Maasai IP initiative

An initative which represents the Maasai tribe of Kenya and Tanzania in efforts to gain control over commercial uses of its cultural ‘brand’ has recently secured a deal with Koy Clothing. We speak with the negotiator behind the...

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“A steep uphill battle”: experts pessimistic over USPTO bid for U-turn on scandalous marks

The USPTO has filed a petition for a rehearing en banc in In re: Brunetti, an effort to maintain a ban on scandalous marks. Legal experts are sceptical about the move, telling us that the government faces an “uphill battle” to reverse...

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CTMO to take measures to combat bad-faith applications

The China Trademark Office is planning to take several measures to curb the rising number of bad-faith registrations.

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Demise of Chief Wahoo shows how challenging Redskins brand was “successful legal failure”, expert claims

Prominent IP lawyer claims removal of the controversial Chief Wahoo logo from NBA uniforms next year is sign of changing attitudes.

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Trademark Office publishes 2017 Annual Report

The Peruvian Trademark Office has published its 2017 Annual Report, which reveals that over 34,213 trademark registrations were granted last year.

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“There are no shortcuts” – study claims free trademark tools could be reason for rise in infringement

​​​​​​​A new study finds that a majority of trademark practitioners rely on free search tools when clearing marks, with a further claim that this may have led to more infringement.

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China's nationwide campaign to protect foreign companies' IP rights

The China State Council has published the 'Circular on Several Measures to Boost the Growth of Foreign Investment'. It includes measures to raise the quality of foreign investment.

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Major amendments to the Bulgarian Civil Procedure Code

Major amendments to the Bulgarian Civil Procedure Code have entered into force, widening the traditionally narrow scope of cassation grounds.

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Embracing APIs: technology company calls on trademark offices to adopt open data philosophy

IP technology company LawPanel has called on national IP offices to develop software tools that open up data to third-party developers.

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Trademark litigation slump continues; the law firms capitalising on dispute-related work revealed

The latest tracker data from Lex Machina confirms that the litigation slump continued in 2017, with the 3,782 cases filed representing a nine-year low.

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More information about Gleissner trademark activity emerges as business owner voices frustration

Business owners have spoken to World Trademark Review about their anger and confusion over the mysterious trademark activity of entrepreneur Michael Gleissner.

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New international panels to be established in South Korean courts

The Korean National Assembly has approved an amendment to the Court Organisation Act which stipulates that the district courts in the five statutory venues for IP rights disputes.

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“There’s a new sheriff in town”: LegalForce founder reveals motivation behind lawsuits against competitors

LegalForce RAPC Worldwide, the firm behind Trademarkia, has initiated a number of lawsuits against competitor online trademark filings portals.

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Governments “should do more” to protect religious signs through trademark law, expert urges

New research has examined how religious signs are increasingly used in trade, and revealed how misappropriation by nefarious sellers can be harmful to the identity and preservation of religious cultures.

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Amendments to the ‘.za’ Alternative Dispute Resolution Regulations

The Department of Telecommunications and Postal Services has made significant amendments to the ‘.za’ Alternative Dispute Resolution Regulations, including a mandatory informal mediation service to be run by the ‘.za’ domain name authority.

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Blow for London Taxi Company in shape mark decision

The Court of Appeal of England and Wales has backed a High Court of Justice finding that the three-dimensional (3D) shapes of particular models of taxi were invalid.

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Creating a resilient enforcement strategy for Indonesia

Indonesia is a challenging jurisdiction in terms of enforcement endeavours, but a combination of different tactics will set brands up for success.

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Sun sets on local recognition for famous marks in China

The director of China’s State Administration for Industry and Commerce has confirmed that local appraisals for famous trademarks will end, making it vital that rights holders update their trademark protection strategies.

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Issue 71