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Legal updates

04 Mar 2015

Trademark containing earlier mark and descriptive element refused registration

European Union - In Infocit - Prestação De Serviços, Comércio E Indústria Lda v OHIM, the General Court has upheld a decision of the Second Board of Appeal of OHIM finding that there was a likelihood of confusion between the trademark DINKOOL and the earlier mark DIN. Among other things the court held that the fact that a sign consists exclusively of an earlier trademark, to which another word has been added, is an indication that the two marks are similar. Read update

04 Mar 2015

Global energy company victorious in opposition against local competitor

Albania - The Appeal Board of the Albanian Patent and Trademark Office has upheld an opposition by global energy company Repsol SA, the owner of international registrations for REPSOL, against the registration of the mark REXOIL by a Turkish competitor. The board found that the marks covered identical goods and that there was a considerable degree of visual and phonetic similarity. Read update

04 Mar 2015

Trademark Bill prioritised by House of Representatives

Indonesia - The Indonesian House of Representatives has declared that 37 key bills would be prioritised for deliberation in 2015, including the Trademark and Patent Bills. The Trademark Bill is particularly significant, as it will include an introduction to non-traditional trademarks and the Madrid Protocol. Read update

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

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