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Legal updates

01 Sep 2015

ECJ: meaning of Arabic words must be taken into account to assess likelihood of confusion

European Union - In Loutfi Management Propriété Intellectuelle v AMJ Meatproducts, the ECJ has held that, to assess the likelihood of confusion between a CTM and a sign which cover the same or similar goods and both contain a dominant Arabic word in Latin and Arabic script, those words being visually similar, the meaning and pronunciation of those words must be taken into account where the relevant public has a basic knowledge of written Arabic. Read update

01 Sep 2015

CTMO applies Article 15.2 of new Trademark Law in opposition filed before law entered into force

China - The China Trademark Office has upheld an opposition against a trademark application for 泰牛酒堡 CHATEAU DU TRIGNON filed by a company affiliated with the distributor of the opponent. The office cited Article 15.2 of the new Trademark Law, even though the opposition, filed in 2013, was based on the old Trademark Law. Read update

01 Sep 2015

Significant amendments to trademark law introduced

Kazakhstan - Significant changes have recently been introduced to the Law of the Republic of Kazakhstan on Trademarks, Service Marks and Appellations of Origin. Among other things, the amended law establishes the principle of regional exhaustion of trademark rights, and Article 4 provides for the registration of trademarks in the name of both legal entities and natural persons. Previously, a natural person had to be registered as an entrepreneur in order to be entitled to register a trademark. Read update

31 Jul 2015

Coty is major step for IP rights protection - but IP owners should not get 'over-excited'

European Union - In Coty Germany v Stadtsparkasse Magdeburg, the ECJ has held that national banking secrecy laws that allowed banks, in an unlimited and unconditional manner, to refuse to provide information which a rights owner required to protect its IP rights, were precluded by Article 8(3)(e) of the IP Rights Enforcement Directive. However, it is important to note that the decision does not rank IP rights above data protection and banking secrecy laws in general. Read update

31 Jul 2015

Trademark use within OEM context constitutes genuine use under Trademark Law

China - In cancellation proceedings against the trademark MIRRO, owned by French company SEB SA, the TRAB has recognised that trademark use within the context of OEM activities constitutes genuine use within the meaning of the Trademark Law. The TRAB thus overturned the Trademark Office's decision to cancel the mark based on non-use. Read update

31 Jul 2015

'The Donald' trumps condo buyers by avoiding trademark licensor liability

Canada - In Singh v Trump, Donald Trump has avoided liability for alleged misrepresentations of the attributes of purchased hotel units by a developer that was licensed by one of Trump’s corporate affiliates to use Trump’s name and marks for Toronto’s Trump Tower complex. The decision suggests that, to limit liability for acts or omissions of a licensee in Canada, a celebrity or other trademark owner should interpose an intermediate entity to enter a licence agreement with a licensee. Read update

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Issue 57