Legal updates

26 Jun 2017

Avoiding confusion held to be of most importance

Chile - The Chilean Supreme Court recently stated that when deciding trademark cases, the courts must endeavour to avoid any possibility of confusion. This seminal decision confirms that the classification of goods and services and the legislative dispositions are always subordinate to this principle. Read update

26 Jun 2017

Prohibition of ‘derogatory’ marks held unconstitutional by the Supreme Court

United States - The Supreme Court issued a landmark decision in Matal v Tam, unanimously holding the disparagement clause in the Lanham Act unconstitutional on the ground that it violates the First Amendment. This decision upends over 70 years of practice and will likely have an immediate effect on other pending ‘derogatory’ mark cases. Read update

23 Jun 2017

Australian Productivity Commission report on IP arrangements

Australia - The Productivity Commission recently published a report on Australia's IP arrangements. The issues dealt with in the trademark section of the report are directed largely to recommendations that the Trademarks Act be amended to reduce, and expedite the removal of, trademarks filed on an intent-to-use basis which have not been used, and to the parallel import of trademarked goods. Read update

23 Jun 2017

New regulation clarifies procedures under amended Trademark Law

Indonesia - Indonesia recently enacted a regulation as part of the implementation of its new Trademark Law. The simplified procedures and additional clarity that the new regulation has introduced are likely to contribute to smoother and more timely trademark registrations, renewals and assignments for brand owners. Read update

22 Jun 2017

OAPI adopts 11th edition of the Nice Classification

South Africa - The Trademarks Registry of the African Intellectual Property Organisation (OAPI) announced recently that all new trademark applications which are filed at the OAPI Registry need to conform to the latest (11th) edition of the Nice Classification system on the registration of trademarks. OAPI has acceded to a number of international treaties aimed at creating a modern and dynamic framework and to harmonise administrative procedures in the registration of titles. Read update

22 Jun 2017

TTAB clarifies test for deceptiveness in registration context

United States - In a precedential decision in In re Tapco International Corporation, the Trademark Trial and Appeal Board recently clarified the test for determining whether a mark is deceptive. The term must be misdescriptive of the character, quality, function, composition or use of the goods, purchasers must be likely to believe that the misdescription actually describes the goods and the misdescription must be likely to affect the purchasing decision of a significant portion of the relevant consumers. Read update

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Issue 67