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    More blogsRecent blogs

    How the 3D printing community can help trademark owners protect their rights

    The launch of a new 3D content search engine has brought easy consumer access to 3D print designs a step closer. The technology could also bring infringing designs to a wider audience, but the CEO behind the site has told World Trademark Review that the search engine could play an important role in cleaning up online marketplaces. Read blog
    July 28 2014

    Trademarking a tragedy: the need to defend against rogue trademarks of tragic events

    The entire world was in a state of shock, disbelief and sadness last Thursday at the news that Malaysia Airlines flight MH17 had been shot out of the sky over war torn fields in Ukraine. Some individuals, though, saw the tragedy as something else entirely: an opportunity to register trademarks. Read blog
    July 24 2014

    Social media marketers ‘need regular trademark training’

    A lot of talk about online trademark protection is of brands protecting themselves from infringement, but the changing nature of brands engaging with consumers on social media requires marketing staff to take regular IP training to avoid any legal or trademark hiccups themselves. Read blog
    July 23 2014

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    United Kingdom

    Not so innocent infringer ordered to pay reasonable royalty

    In an inquiry as to damages following successful infringement proceedings by Kohler Mira in respect of its unregistered design rights in electric shower units, the IPEC has awarded damages against Bristan calculated by way of a reasonable royalty. The court also gave guidance as to when Section 233(1) of the Copyright, Designs and Patents Act, which provides that innocent infringers of unregistered design rights are not liable to pay damages, may apply. Full text
    July 28 2014


    Filing requirements for sound marks clarified

    Sound marks are registrable in China pursuant to the new Trademark Law, effective May 1 2014. The Trademark Implementation Regulations, effective on the same date, have clarified the filing requirements. Among other things, an applicant must provide a sample of the sound mark, as well as a description. Full text
    July 28 2014


    More stringent procedures in trademark applications time limit to respond to official actions

    The registrar of trademarks is conducting a campaign to tighten up procedures throughout the registry. At a recent meeting, one of the measures announced concerned the time available for applicants and their agents to respond to official actions issued by the registrar after examination of an application. The registrar made it clear that responses received after the statutory term will be disregarded and the application treated as abandoned. Full text
    July 28 2014


    US company Tesla sued for trademark infringement

    US company Tesla Motors Inc, a manufacturer of electric cars, has been sued by Chinese businessman Zhan Baosheng, the owner of the TESLA mark in China. Baosheng is demanding that Tesla stop all sales and marketing activities in China and that all showrooms and supercharging facilities be shut down. He is also demanding that Tesla pay him $3,850,000 in compensation for trademark infringement. Full text
    July 25 2014


    Supreme Court rules on 'use' of a trademark

    In Mon.Zon v Layher, the Supreme Court of Sweden has considered the scope of the exclusive rights conferred by Article 4 of the Trademark Act. Among other things, the court held that, although Mon.Zon had used Layher’s trademark in relation to identical goods and in the course of trade, there was no risk of harming any of the trademark’s functions. Consequently, Layher could not prevent Mon.Zon from using its trademark. Full text
    July 25 2014


    Supreme Court: generic or common words may be distinctive

    The Supreme Court has held that Club 21 Private Limited’s trademark CLUB 21 was registrable for goods and services in Classes 16, 25 and 35. The registrar and the Board of Trademarks had refused to register the mark on the ground that it lacked distinctiveness. Among other things, the Supreme Court stated that the provisions of the Trademark Act do not stipulate that a generic word or a word with a general meaning cannot be distinctive. Full text
    July 25 2014



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