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    More blogsRecent blogs

    Social media marketers ‘need regular trademark training’

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


    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

    More updatesUpdates

    Australia

    BP's green colour mark is rejected

    The Australian Trademarks Office has, after much delay, rejected BP plc’s application for the colour green filed in 2002. The delegate held that, while consumers may ‘associate’ the colour green with BP, the evidence and the various contexts in which the mark had been applied by BP did not demonstrate that the mark as applied for had been used as a trademark. Full text
    July 23 2014


    United States

    TTAB explores familial relationship between parties in WINSTON case

    In Harry Winston Inc v Bruce Winston Gem Corp, the TTAB has refused to register the mark BRUCE WINSTON for jewellery in light of the earlier registered marks WINSTON and HARRY WINSTON for jewellery. Among other things, the TTAB held that the evidence showed a strong proclivity among the press and third parties to spontaneously perceive and promote an association between the parties, thus weighing in favour of finding a likelihood of confusion. Full text
    July 23 2014


    Argentina

    Unilever ordered to cease running misleading 'official sponsor' ad

    In Asociación del Fútbol Argentino v Unilever de Argentina, the Federal Court of Appeals in Civil and Commercial Matters has granted an injunction ordering Unilever to cease running its advertising campaign for the cleaning product Ala, on the ground that the campaign could mislead consumers into assuming that this product was an official sponsor of the Argentine national football team. Full text
    July 23 2014


    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


    Canada

    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


    Spain

    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

     

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