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IPBC Asia 2016

Legal updates

25 Oct 2016

EUIPO upholds PepsiCo's opposition of snack food application based on similarity

European Union - The Opposition Division of the EU Intellectual Property Office and the Fifth Board of Appeal have partially upheld PepsiCo’s opposition of Perfetti Van Melle Benelux BV’s application to register the EU trademark ‘3D’ and device in Class 30, stating that genuine use had only been shown in respect of ‘cereal chips’. Read update

25 Oct 2016

3M v 3N – damages awarded for blatant infringement

China - The US company 3M won a recent victory at the Supreme People’s Court (SPC) when the SPC rejected a petition for a retrial by Changzhou Hua Wei Advanced Material Co Ltd in respect of an infringement decision over the trademark 3N. Read update

24 Oct 2016

When EURO is primarily geographically deceptive

United States - The recent case of Sata GmbH & Co v Ghorbani, although not a precedential opinion of the Trademark Trial and Appeal Board, reminds trademark owners of the test for opposing applications and cancelling registrations on grounds of geographical deceptiveness. Read update

21 Oct 2016

High damages awarded in Yahoo! trademark infringement case

India - The recent judgment of the Delhi High Court which recognised and upheld the well-known trademark YAHOO of Yahoo! Inc, while passing an order of permanent injunction against the defendant and granting damages of Rs 3.2 million and costs of Rs 0.64 million in favour of the plaintiff, is an illustration of the recent trend to safeguard and protect the IP assets of a company. Read update

21 Oct 2016

Sound marks – reality or fiction?

European Union - In a recent judgment the EU General Court confirmed the refusal of a sound mark application filed by the Brazilian company Globo Comunicação e Participações SA consisting of a telephone ringtone on the ground that, due to its banality, the mark was devoid of distinctive character. Read update

24 Oct 2016

Precedent for resolving co-ownership of Italian trademark cases

Italy - In a recent family opposition dispute over the trademark LEGEA, the Italian Supreme Court has affirmed the provision that if an earlier trademark has been registered by several owners in co-ownership, such co-ownership will extend to all Community or international trademarks claiming the priority of the earlier trademark. Read update


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Issue 63