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    Proposed amendment to Russian trademark law receives mixed response

    Russia’s Federation Council on Intellectual Property is proposing an amendment to Russian trademark law that would stop naturalistic images of products and descriptive trademarks as the basis for distinctiveness. WTR discovers a very mixed response to the proposed changes. Read blog
    July 21 2014

    How brands are preparing to avoid a ‘.fail’ in the expanded gTLD space

    The sunrises for the ‘.fail’ and ‘.wtf’ gTLDs close in just over a week. The two are prime strings for the creation of gripe sites, so are brands proactively securing their trademark terms, either for marketing purposes or to keep them out of the hands of others? Read blog
    July 18 2014

    As new gTLD registrations break the 1.5 million mark, scammers get in on the act

    Domain registrations in the expanded gTLD space have busted through the 1.5 million mark, with 1,547,820 domains registered at time of writing. For those wrestling with the impact of the online expansion on their brand spend, a new headache has been identified – solicitation scams targeting registrants. Read blog
    July 16 2014

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    European Union

    ECJ: the bringing together of services can be a 'service'

    In Netto Marken-Discount AG & Co KG v Deutsches Patent- und Markenamt, the ECJ has held that services consisting of bringing together services so that consumers can conveniently compare and purchase them may come within the concept of ‘services’ under Article 2 of Directive 2008/95. In line with IP TRANSLATOR, the ECJ further held that an application for registration of a mark for such services must be formulated with sufficient clarity and precision. Full text
    July 22 2014


    Court reinforces high standard for rejecting marks based on living individual's reputation

    In Jack Black LLC v The Attorney General of Canada, the Federal Court has confirmed that the standard to be met in order to sustain an objection on the basis that a trademark “may falsely suggest a connection with any living individual” is extremely high, as it must be established that the living individual in question enjoyed a “significant public reputation” across Canada when the mark was adopted. Full text
    July 22 2014


    Significant increase in police interventions related to industrial property rights in 2013

    The Spanish Home Office has published two reports concerning police interventions relating to the infringement of IP rights in 2013. The report shows a significant increase in interventions related to industrial property rights in 2013: for example, 2,434 punishable acts were detected, an increase of more than 25% compared to 2012. Full text
    July 22 2014

    European Union

    Perpetual protection for retail design? Apple succeeds before the ECJ

    In Apple Inc v Deutsches Patent- und Markenamt, the ECJ has opened the door for retailers to seek trademark protection for the layout of their stores. Among other thing, the ECJ held that a store layout may allow the goods or services for which registration is sought to be identified as originating from a particular undertaking. Full text
    July 21 2014


    Decision highlights strictness of practice regarding marks similar to geographical names

    The Federal Administrative Court has upheld a decision of the Federal Institute of Intellectual Property refusing to allow the registration of Janssen Pharmaceutica NV's international trademark FIRENZA in Class 5 on the ground that it could be deceptive. The court agreed with the institute that consumers could be misled into believing that the products originated from Italy, as the mark was similar to the name of the Italian city of Florence ('Firenze'). Full text
    July 21 2014


    Amendments to Law on Industrial Property enter into force

    Law 55/2014, which amends Law No 9947 of July 7 2008 on Industrial Property, has entered into force. Among other things, the amendments have introduced significant novelties with regard to collective and certification trademarks. For example, as of July 10 2014, applicants are able to apply for and register certification trademarks for the first time. Full text
    July 21 2014



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