Legal updates

23 Jun 2017

Australian Productivity Commission report on IP arrangements

Australia - The Productivity Commission recently published a report on Australia's IP arrangements. The issues dealt with in the trademark section of the report are directed largely to recommendations that the Trademarks Act be amended to reduce, and expedite the removal of, trademarks filed on an intent-to-use basis which have not been used, and to the parallel import of trademarked goods. Read update

23 Jun 2017

New regulation clarifies procedures under amended Trademark Law

Indonesia - Indonesia recently enacted a regulation as part of the implementation of its new Trademark Law. The simplified procedures and additional clarity that the new regulation has introduced are likely to contribute to smoother and more timely trademark registrations, renewals and assignments for brand owners. Read update

22 Jun 2017

OAPI adopts 11th edition of the Nice Classification

South Africa - The Trademarks Registry of the African Intellectual Property Organisation (OAPI) announced recently that all new trademark applications which are filed at the OAPI Registry need to conform to the latest (11th) edition of the Nice Classification system on the registration of trademarks. OAPI has acceded to a number of international treaties aimed at creating a modern and dynamic framework and to harmonise administrative procedures in the registration of titles. Read update

22 Jun 2017

TTAB clarifies test for deceptiveness in registration context

United States - In a precedential decision in In re Tapco International Corporation, the Trademark Trial and Appeal Board recently clarified the test for determining whether a mark is deceptive. The term must be misdescriptive of the character, quality, function, composition or use of the goods, purchasers must be likely to believe that the misdescription actually describes the goods and the misdescription must be likely to affect the purchasing decision of a significant portion of the relevant consumers. Read update

21 Jun 2017

Oh Canada! New regulations bring welcome changes

Canada - The Canadian Trademarks Office has released a first draft of the proposed regulations to support new trademark legislation in Canada. The regulations establish the framework for blending the common regulations under the Madrid Agreement with the Canadian regulations in effort to treat Madrid Protocol applications and domestic applications equally, and reflect a welcome modernisation of Canadian practice to accord with international standards. Read update

21 Jun 2017

Mere registration of domain name can constitute infringement

Russia - The Supreme Court has refused to allow a domain name dispute to be reconsidered by the Economic Panel of the Supreme Court. The case confirms yet again that mere registration of a domain name which is identical to a registered trademark may be found to be trademark infringement, irrespective of whether goods or services were sold under the domain name. Read update

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Issue 67