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

    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
    July 24 2014

    Social media marketers ‘need regular trademark training’

    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
    July 23 2014

    Proposed amendment to Russian trademark law receives mixed response

    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
    July 21 2014

    More updatesUpdates


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

    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
    July 24 2014


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

    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
    July 24 2014


    Draft amendment to trademark legislation introduced

    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
    July 24 2014


    BP's green colour mark is rejected

    The Australian Trademarks Office has, after much delay, rejected BP plc’s application for the colour green filed in 2002. The delegate held that, while consumers may ‘associate’ the colour green with BP, the evidence and the various contexts in which the mark had been applied by BP did not demonstrate that the mark as applied for had been used as a trademark. Full text
    July 23 2014

    United States

    TTAB explores familial relationship between parties in WINSTON case

    In Harry Winston Inc v Bruce Winston Gem Corp, the TTAB has refused to register the mark BRUCE WINSTON for jewellery in light of the earlier registered marks WINSTON and HARRY WINSTON for jewellery. Among other things, the TTAB held that the evidence showed a strong proclivity among the press and third parties to spontaneously perceive and promote an association between the parties, thus weighing in favour of finding a likelihood of confusion. Full text
    July 23 2014


    Unilever ordered to cease running misleading 'official sponsor' ad

    In Asociación del Fútbol Argentino v Unilever de Argentina, the Federal Court of Appeals in Civil and Commercial Matters has granted an injunction ordering Unilever to cease running its advertising campaign for the cleaning product Ala, on the ground that the campaign could mislead consumers into assuming that this product was an official sponsor of the Argentine national football team. Full text
    July 23 2014



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