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Struggling to stand out – the identity challenge facing automotive brands
The perceived difference between the top car brands and their challengers is lessening, according to new research. Focused wholly on US consumers’ brand perception, rather than automotive quality, the research highlights the challenges facing auto industry companies in differentiating their offering.
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February 03 2012
Have your say on the state of the trademark industry
The Global Trademark Benchmarking Survey 2012 is now underway, giving trademark counsel – both in-house and in private practice – the opportunity to have their say on the state of the industry, and build up a comprehensive picture of current trends and best practice.
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February 02 2012
As Facebook preps for IPO, can brands do more to reach consumers?
The social networking site is expected to announce its historic initial public offering today. Much of its success has been built on the platform it offers brands to interact with consumers. But research released earlier this week indicates that brand owners could benefit from paying closer attention to how they connect with their fans via the medium.
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February 01 2012
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Correct test is goods covered by marks, rather than those sold under marks
In Kitzinger & Co (GmbH & Co KG) v OHIM, the General Court has upheld a decision of the Fourth Board of Appeal of OHIM finding that there was a likelihood of confusion between the marks KICO and KIKA, which both covered goods in Class 16. Among other things, the court agreed with the board that the goods were identical or similar, the correct test being the goods covered by the marks, rather than the goods sold under the marks.
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February 03 2012
Russia
Luxury watchmaker wins parallel importation case
The Saint Petersburg and Leningrad Region Commercial Court has ruled in favour of luxury watchmaker Longines in a parallel importation case against Russian online shop Bestwatch.ru LLC and website administrator Adelia LLC. In recent years, the Federal Anti-monopoly Service of the Russian Federation has been pushing to legalise parallel importation by amending Article 1487 of the Civil Code.
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February 03 2012
China
Court clarifies “other harmful influence” under Article 10 of Trademark Law
In a case involving Lacoste's famous crocodile device, the Beijing Number 1 Intermediate People’s Court has clarified that the term “other harmful influence” in Article 10 of the Trademark Law refers only to public order, not to private interests. The court overturned a decision of the TRAB in which the latter had rejected Lacoste’s application to register the mirror image of its crocodile device.
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February 03 2012
Mexico
SC considers legal interest to bring non-use cancellation proceedings
The Second Chamber of the Supreme Court of Justice has considered the legal interest necessary to initiate proceedings to obtain an administrative declaration of invalidity of a registered trademark on the grounds of non-use before the Mexican Institute of Industrial Property.
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February 02 2012
India
‘Red Label’ held to be common to the trade
In Hindustan Unilever Limited v Girnar Exports, the Intellectual Property Appellate Board has dismissed four appeals against orders of the deputy registrars of Kolkata and Chennai that had denied registration of RED LABEL marks for tea. Among other things, the board found that the words ‘Red Label’ are common to the trade.
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February 02 2012
Israel
Court recognises that slogans may be inherently distinctive
In Eveready Battery Company Inc v Registrar of Trademarks, the Tel Aviv District Court has affirmed the refusal to register the advertising slogan 'free your skin' on the grounds that it was descriptive of shaving products and razors. However, in doing so, it recognised that slogans may be inherently distinctive. Following the decision, the registrar of trademarks revoked a 2004 Circular Letter setting stricter standards for the examination of slogans.
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February 02 2012
