Legal updates

03 Mar 2015

Nicole Kidman obtains cancellation of trademark almost identical to her name

China - Well-known actress Nicole Kidman has obtained the invalidation of the trademark NICOL KIDMAN for goods in Class 18. Among other things, the TRAB found that the evidence adduced by the actress proved that the name Nicole Kidman had a high reputation in China before the filing date of the disputed trademark. Read update

03 Mar 2015

Court of First Instance addresses key aspects of trademark law

Hong Kong - In Vita Green Health Products Company Limited v Vitasoy International Holdings Limited, the Court of First Instance has highlighted some important principles of trademark law which should be considered when applying for or opposing a trademark. In particular, the decision shows that, while a mark may have an established reputation in respect of particular goods, this does not mean that such reputation will extend to other goods. Read update

03 Mar 2015

CANARY mark partially cancelled for non-use

Iran - The Court of Appeal has reversed a decision of the First Instance Court and upheld an action brought by Virgin International Limited for the partial cancellation of the trademark CANARY based on non-use. The lower court had found that use of the mark for goods in Class 21 constituted use of the mark in Iran. Read update

02 Mar 2015

GLISTEN held to be descriptive of purpose of cleaning products

European Union - In IOIP Holding LLC v OHIM, the General Court has upheld a decision of the Second Board of Appeal of OHIM in which the latter had refused to register the word mark GLISTEN for cleaning products. Among other things, the court held that the board had not erred in finding that the mark applied for was, in the mind of the relevant public, descriptive of the purpose of the goods. Read update

02 Mar 2015

Courts reaffirm construction of design protection rules that is fully in line with EU law

Italy - In three recent court decisions, the Specialised IP Divisions of the Courts of Milan and Brescia have considered the protection of designs under Italian law. The Court of Milan decision is significant because it ruled on the highly disputed issue of the interpretation of the transitory rule for works created before protection for industrial designs through copyright was introduced. Read update

02 Mar 2015

EU-Ukraine Association Agreement: an update

Ukraine - In accordance with the plan for the implementation of the EU-Ukraine Association Agreement, relevant IP laws should be drafted by the end of July 2015 and public access to filed trademark applications should be introduced by the end of December 2016. Generally, the agreement provides for the harmonisation of the Ukrainian legislation with the EU legal framework and the resolution of a number of problematic issues in the IP sector. Read update


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