Legal updates

21 Apr 2017

Indonesia simplifies documents required to support trademark applications and renewals

Indonesia - Indonesia has simplified the formal requirements for filing new trademark applications and renewing existing registrations. The change is a welcome procedural development for trademark owners, as it lightens the burden of signing many documents in support of trademark applications or renewals. Read update

21 Apr 2017

General Court: BRENT INDEX is descriptive of goods and services linked to financial sector

European Union - In Intercontinental Exchange Holdings Inc v EU Intellectual Property Office (EUIPO), the General Court has upheld a decision of the Fourth Board of Appeal of the EUIPO finding the mark BRENT INDEX descriptive and devoid of distinctive character. The court held that, although the term 'brent' is the name of a type of crude oil and not in itself a financial term, it is commonly used by professionals in the financial sector. Read update

20 Apr 2017

Evidence of genuine use in the spotlight

Ireland - In Verweij Fashion BV v Walton International Limited, the registration of the trademark GIORDANO was revoked in respect of all the goods for which it was registered. The case provides helpful guidance when considering acceptable evidence of genuine trademark use, especially in the context of online sales. Read update

20 Apr 2017

Criminal penalties to be introduced for selling 'dead copy' products

South Korea - Under a recently published amendment to the Unfair Competition Prevention and Trade Secret Protection Act, infringers which violate the ‘dead copy’ provision of the act may be subject to imprisonment for up to three years or a fine of up to KRW30 million. The amendment will come into force in July 2017. Read update

19 Apr 2017

Paris court decision shows that court proceedings against domain name holder may be useful tool to tackle identity theft

France - The Paris Court of First Instance has ordered the transfer of a domain name consisting of the name of a person whose identity had been misused, most likely fraudulently. The decision illustrates that court proceedings against a domain name holder may be a very useful tool to tackle identity theft – contrary to alternative dispute resolution mechanisms such as the UDRP, which often do not allow for the protection of personal names per se. Read update

19 Apr 2017

Local company should have known of existence of identical foreign mark when filing application

Argentina - In Germaiz SA v Bonomelli SRL and Bonomelli SRL v Germaiz SA, both parties had filed an application for the mark CUORE for goods in Class 29, and both had opposed each other’s application. The Court of Appeals found that Germaiz had acted in bad faith, as it was engaged in the same field of activity as Bonomelli and could not have ignored the existence of an identical foreign mark. Read update


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Issue 66