Legal updates

19 Oct 2017

Lesotho requires declarations of intention to use

Lesotho - Lesotho has notified the World Intellectual Property Organisation that it now requires a declaration of intention to use when it is designated in an international application or subsequently designated in an international registration in terms of the Madrid Protocol. This is despite the fact that such declarations are not required when national applications are filed. Read update

19 Oct 2017

BOSWELAN revoked for lack of genuine use and non-use

European Union - In Viridis Pharmaceutical Ltd v EU Intellectual Property Office (EUIPO) the EU General Court upheld a decision by the EUIPO Board of Appeal which revoked the BOSWELAN word mark on the grounds that it had not been put to genuine use for a continuous period of five years. Read update

18 Oct 2017

German Federal Court rules on Google’s Image Search

Germany - The Federal Court of Justice has handed down a judgment of utmost importance for the exploitation of copyright on the Internet. The decision, which will become known and referred to under the name Thumbnail III, examined whether the display of preview images in search results constituted an act of making available a copyright work in the sense of the copyright law. Read update

18 Oct 2017

New Thailand Customs Act

Thailand - The new Thailand Customs Act, which was published in the Government Gazette, will come into force on November 13 2017. The act will replace the current Customs Act BE 2469 (1926) and its subsequent amendments. Read update

17 Oct 2017

ALLENKEYGUARD mark refused

Ireland - A hearing officer has refused Allenkey Fittings Limited's application to register ALLENKEYGUARD as a trademark, despite the fact that the level of disputed similarity did not reach the threshold for a likelihood of confusion, on the grounds that the mark violates Sections 8(4)(b), 10(3) and 10(4)(a) of the Trademarks Act for bad faith, unfair advantage and passing off. Read update

17 Oct 2017

Uhai confusingly similar to ‘life’

United States - In the recent case of In re S Squared Ventures, LLC the Swahili word uhai meaning ‘life’ was denied registration as it was found to be confusingly similar to a registered mark under the doctrine of foreign equivalents in US practice. Read update

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Issue 69