LESI 2015

Legal updates

30 Mar 2015

ECJ: appeal courts must state reasons too

European Union - In MEGA Brands International v OHIM, the ECJ has partially set aside the judgment of the General Court due to a lack of substantiation of its reasoning and referred the case back to the court for further consideration. The case demonstrates that appellate courts are also obliged to provide their analysis in a cohesive manner and that any reasoning by such courts must be sufficiently substantiated. Read update

30 Mar 2015

New Trademark Manual issued

Brazil - The Patent and Trademark Office has published Resolution No 142, which instituted a new Trademark Manual. The Trademark Manual unifies four documents that have been used by trademark examiners in their daily activities. Before issuing the final version of the Trademark Manual, PTO officials met with representatives of three Brazilian IP associations. Read update

30 Mar 2015

Provisions regarding the updating of industrial property fees suspended

Romania - Law No 31/2015, which suspends the provisions of Article 4 of Government Ordinance No 41/1998 on the official fees for the protection of industrial property rights, was published in the Official Gazette earlier this month. According to Article 4, the level of official fees for the registration of the industrial property rights can be updated every year to reflect the fluctuation of the exchange and inflation rates. Read update

27 Mar 2015

Revocation proceedings do not constitute proper reason for non-use

European Union - In Naazneen Investments Ltd v OHIM, the General Court has upheld a decision of the Second Board of Appeal of OHIM confirming that the mark SMART WATER should be revoked for non-use. Among other things, the court held that revocation proceedings brought against the mark by a third party in 2008 did not constitute a proper reason for non-use of the mark. Read update

27 Mar 2015

Bombay High Court: restaurant in "narrow lane" has international renown

India - In Kamath v Lime & Chilli Hospitality Services, the Bombay High Court has granted an interim injunction restraining Lime & Chilli Hospitality Services from using the mark CAFÉ MADRAS for its restaurant. Although the court described the plaintiffs’ Café Madras restaurant as an "unassuming eatery" in a "narrow lane" of Mumbai, it went on to hold that it was internationally renowned. Read update

27 Mar 2015

Supreme Court declines leave to appeal in ZOGGS case

New Zealand - In Zoggs International Limited v Sexwax Incorporated, the Supreme Court has declined leave to appeal a decision of the Court of Appeal, meaning the end of the road for Zoggs International Limited in its bid to register the mark ZOGGS for clothing. The application had been opposed by Sexwax Incorporated, the owner of the MR ZOGS SEX WAX mark, which was not registered in New Zealand. Read update


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