Pointer BP
IPBC Asia 2014

Legal updates

01 Oct 2014

Polo player marks held to have degree of similarity despite difference in mount

European Union - In The Polo/Lauren Company LP v OHIM, the General Court has annulled a decision of the Second Board of Appeal of OHIM in which the latter had found that there was no likelihood of confusion between a figurative mark representing a boy on a bicycle holding a mallet and The Polo/Lauren Company’s earlier figurative marks representing a polo player. Read update

01 Oct 2014

New law expands types of assets that may be provided as guarantees

Costa Rica - The new Law on Secured Transactions, which was published earlier this year, will come into force on May 20 2015. The main object of this new law is to increase the access to credit by expanding the category of assets that may be provided as guarantees. The law expressly allows the use as guarantees of intangible assets such as trademarks and commercial names. Read update

01 Oct 2014

Batch examination now available for IP applications

South Korea - KIPO has announced that batch examination is now available for all types of IP applications. Batch examination allows an applicant to pool together multiple IP applications related to a common product into one examination basket to be processed according to the applicant's designated timeline. Batch examination will streamline the examination process, while making it faster and more consistent. Read update

30 Sep 2014

ECJ draws a line around shape marks

European Union - In Hauck GmbH & Co KG v Stokke A/S, the ECJ has considered the interpretation of Article 3(1)(e) of the Trademarks Directive (89/104/EEC), which concerns the registration of shape marks. Overall, the decision seeks to draw a tighter line around shape marks and prevent the trademark system from being used to gain longer-term protection for creations and innovations that would usually be protected by time-limited rights. Read update

30 Sep 2014

Trade dress must create visual impression on consumers to warrant protection

United States - In Fair Wind Sailing Inc v Dempster, the US Court of Appeals for the Third Circuit has affirmed the dismissal of the plaintiff’s trade dress and unjust enrichment claims, finding, among other things, that the claimed trade dress was "a hodgepodge of unconnected pieces of its business, which together do not comprise any sort of composite visual effect". However, the court vacated the district court’s award of attorneys’ fees. Read update

30 Sep 2014

Go Voyages fails to prevent use of 'go' mark

Portugal - The Commerce Court of Lisbon has held that the mark GO ALENTEJO was not confusingly similar to Go Voyages SA's trademarks GO and GO VOYAGES, even though both marks covered the same services. The court concluded that the use of GO ALENTEJO was not liable to mislead consumers and, therefore, there was no unfair competition. Read update


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