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Legal updates

27 Sep 2016

Multi-class trademark applications in Laos

Laos - Previously, the relevant trademark provisions in Laos provided for the filing of only a single application in a single class. These provisions were subsequently amended to allow for the registration of multi-class applications, an option that has now come into practice. Read update

27 Sep 2016

When does a common law trademark dilution deserve a trial?

United States - The question “when does a common law trademark dilution deserve a trial?” was raised in the case of Lions Gate Entertainment Inc v TD Ameritrade Holding Corporation. Lions Gate claimed to own common law trademark rights in the allegedly famous mark DIRTY DANCING and the slogan NOBODY PUTS BABY IN A CORNER. Read update

26 Sep 2016

Revised rules of procedure for IP cases

Philippines - The Philippine Intellectual Property Office has issued the IPOPHL Memorandum Circular 16-007 introducing further amendments to the Rules and Regulations on Inter Partes Proceedings, which apply to trademark opposition and cancellation cases, cancellation of patents, utility models and industrial designs and petition for compulsory licensing of patents. Read update

26 Sep 2016

High Court upholds findings in TripAdvisor v Handsam

United Kingdom - The High Court has dismissed TripAdvisor’s appeal against a hearing officer’s decision to reject its opposition to the registration of the logo mark HANDSAM SCHOOLTRIPSADVISOR as applied to certain goods and services such as printed manuals and business advice. Read update

23 Sep 2016

No discretion for entirely new evidence on appeal

European Union - In EU Intellectual Property Office (EUIPO) v Xavier Grau Ferrer, the European Court of Justice held that the EUIPO had failed to undertake an examination of additional and supplementary evidence and therefore infringed Article 76(2) of Regulation 207/2009. Read update

23 Sep 2016

CLEARVU is again the subject matter of litigation proceedings

South Africa - The trademark CLEARVU has again been the subject matter of litigation proceedings. After going head to head in South Africa’s Supreme Court of Appeal over CLEARVU as a Google Adword, M-Systems Group Ltd recently opposed Cochrane Steel Product Ltd’s application to register the trademark, arguing that CLEARVU was not capable of distinguishing. Read update

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Issue 63