News

ECJ clarifies relevance of ‘intention’ in designs decision

In Celaya Emparanza y Galdos Internacional SA v Proyectos Integrales de Balizamiento SL (Case C- 488/10), a reference for a preliminary ruling by a Spanish court, the Court of Justice of the European Union (ECJ) has clarified the scope and effect of Article 19(1) of the Community Design Regulation (6/2002) in court proceedings brought by the holder of a registered Community design (RCD) against the holder of a later RCD. View PDF

Acceptance of sound marks paves way for other non-traditional marks

The Canadian Intellectual Property Office (CIPO) has announced that it is now accepting applications to register sound marks. With a consultation period on the country’s Trademark Regulations ending on April 23, there could soon be further changes to the treatment of non-traditional marks. View PDF

EU Parliament rejects ACTA referral; commission pushes on

With a number of EU countries reviewing their position on the Anti-counterfeiting Trade Agreement (ACTA), the act is to be referred to the ECJ to assess whether it is compatible with the European Union’s fundamental rights and freedoms. View PDF

US study identifies economic importance of trademarks

The US Department of Commerce has issued a report identifying the sectors that generate intellectual property and the impact of those sectors on the US economy. At a time when the debate over IP rights rages on, the study sheds light on the contribution of intellectual property to economic performance – with trademarks playing a central role. View PDF

Near monopoly for BOTOX mark?

In Helena Rubinstein SNC v OHIM (Case C-100/11 P), Advocate General Mengozzi has confirmed the General Court’s finding that the marks BOTOLIST and BOTOCYL would take advantage of the distinctiveness and reputation of the earlier BOTOX marks. View PDF

Global view

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