Blog results - found 73
New research from CompuMark reveals that the number of Chinese trademark applications to foreign registers has doubled over the past two years, with Huawei Technologies leading the charge. As a result, the report predicts that China could overtake the US as the world’s leading source of foreign trademark applications by 2020.
Continuing our series of interviews with WTR 300-ranked corporate trademark counsel, World Trademark Review catches up with Jerry Xia, deputy general counsel and chief IP counsel, Asia Pacific, for Fortune 100 conglomerate Honeywell. He shares his insights into how the Chinese brand protection landscape has developed in recent years and offers some practical tips for managing trademarks in the region.
China’s trademark office to drastically reduce filing times; experts confident quality will be maintained
As part of its three-year reform plans, China’s State Intellectual Property Office has revealed that filing review times at the China Trademark Office (CTMO) will be reduced to six months by the end of 2018 and to four months by 2020. Although applications continue to surge at the CTMO, experts are confident that these targets will be hit while predicting that the quality of registrations will also be maintained.
In a much-delayed decision, an appeal against the refusal of a Class 32 UK application for BREXIT has been dismissed. Notably, the decision contrasts with a recent EUIPO board of appeals decision, which gave the green light for a BREXIT mark; the appointed person stated that he did not find the reasoning in the latter case persuasive.
Trademark trolls in Canada? Data reveals rise in “suspicious” applications are nearly all related to millionaire Gleissner
There have been recent reports of a steep rise in so-called 'trademark trolls' in Canada, following fears that the impending overhaul of the Canadian Trademarks Act could lead to an increase in nefarious activity on the register. However, new research suggests the vast majority of the “suspicious” applications over the past year are related to notorious trademark filer Michael Gleissner leading to calls for the Canadian IP Office to “take action”.
In the weeks since World Trademark Review published its investigation into UK oppositions linked to Michael Gleissner, more decisions have been published most of which will leave the multi-millionaire entrepreneur disappointed. One attorney who recently prevailed in an opposition against a Gleissner-linked application recommends that future opponents plead bad faith, and explains how he worked the case “for the good of the system rather than profits”.
Over the past few days, a UK business owner’s dispute with Bacardi over its Angel’s Envy bourbon brand has garnered media attention in trade and national press titles. The dispute highlights a quandary for large companies when the ‘David v Goliath’ narrative is cited whether to engage in public arguments or to keep quiet.
The Gleissner Oppositions: investigation reveals serial trademark filer has prevailed in disputes with major brands
A major new investigation by World Trademark Review has collated data from every trademark opposition in the United Kingdom involving entrepreneur Michael Gleissner since January 2017. The information reveals that he has lost a vast majority of decisions, with a number of successful opponents giving their insights into taking on the serial trademark filer. However, he has also scored some notable victories against well-known brands.
USPTO goes after the fakers; experts praise initiative to combat improper specimens, call for further action
The US Patent and Trademark Office (USPTO) has launched a pilot programme to help combat improper specimens on trademark applications. The move comes in the wake of a World Trademark Review investigation which discovered numerous fake specimens by Chinese applicants, with the USPTO confirming there had been a “dramatic increase” in illegitimate filings. This initiative has been welcomed, although one expert calls for the office to go even further.
Expert wonders if adidas enjoys “hyperprotection” as sportswear giant prevails in EU three stripes battle
The EU General Court has ruled that two parallel stripes on footwear infringes the 'three stripes' trademark rights of adidas. Reflecting the recognition acquired by the footwear giant’s branding, the decision also shows the power of non-traditional marks according to one IP attorney; however, another has questioned whether it is an example of a brand enjoying “hyperprotection”.
Brexit update, plain packaging begins in Ireland, and first trademark ruling in Barbados: news round-up
In this round-up edition, we look at the latest Brexit developments from a trademark perspective, news on another solicitation scam, Hershey’s hawkish eye over the marijuana industry, and the result from the first ever trademark dispute in Barbados.
The USPTO has filed a petition for a rehearing en banc in In re: Brunetti, a decision it contends “invalidates a century-old provision of federal trademark law that renders trademarks containing ‘scandalous’ and ‘immoral’ matter ineligible for the benefits of federal registration”. The bid to maintain a ban on scandalous marks is one that practitioners will keenly follow. However, one legal expert told us that the government faces an “uphill battle” to reverse the Federal Circuit’s ruling.
"Infamous troll" Michael Gleissner involved in 5% of all live contested trademark cases in United Kingdom
In a decision which one trademark attorney characterises as “good news for brand owners”, the UK Intellectual Property Office has upheld an earlier decision which dismissed entrepreneur Michael Gleissner’s attempt to register the common name ALEXANDER as a trademark. The decision includes the startling reveal that entities related to Gleissner account for 5% of all live contested trademark cases in the United Kingdom demonstrating the unprecedented volume of the millionaire’s filing activity.
K-pop superstars T-ara vow to fight for rights to their name; experts predict bitter legal battle ahead
Members from one of the most popular Korean bands in the world, T-ara, are taking legal action for rights to use the group name following a trademark application by their former management agency, MBK Entertainment. Two attorneys have told World Trademark Review that both parties have viable arguments for legitimate rights over the group name and point out that it is common practice in Korea for music agencies to own the trademark rights to band names as a tactic to ward off rival agencies from poaching talent.
Business owners have spoken to World Trademark Review about their anger and confusion over the mysterious trademark activity of entrepreneur Michael Gleissner. One, who recently prevailed against Gleissner in a 16-month trademark dispute, claims that he has yet to be paid legal costs and calls on IP offices to address “malicious action against legitimate trademarks” urgently.
International applications at an all-time high as Asia and Africa experience sharp rise in trademark filings
The World Intellectual Property Organisation has released its latest report into global IP activity, revealing a significant rise in trademark filing activity. Most of the growth can be attributed to China’s continued domination of trademark filings, with both Asia and Africa accounting for a majority of the rise. World Trademark Review takes a deep dive into the data to uncover some of the key trademark trends.
US trademark filings from China soar, but law firms struggle to capitalise amid warnings of suspicious activity
New data obtained by World Trademark Review has revealed a startling increase in trademark applications at the US Patent and Trademark Office (USPTO) that originate in China. Despite this influx of new filings, our investigation highlights how new Chinese applicants are bypassing traditional law firms, with smaller organisations responsible for thousands of applications. The USPTO’s trademark commissioner also notes a “dramatic increase” in illegitimate Chinese filings this year with urgent calls for the office to take action against this “pervasive” problem.
Thousands more trademarks linked to Michael Gleissner unearthed; leading in-house lawyer calls for action
An expanded investigation by World Trademark Review can reveal nearly 2,000 more trademarks linked to entrepreneur and serial trademark filer Michael Gleissner. The total now spans over 4,400 marks across 38 jurisdictions worldwide. As the scope of Gleissner’s extensive filing operation widens, a leading in-house lawyer has called on IP bodies to offer guidance to brand owners affected by this unprecedented activity and to consider whether any action should be taken in response.
Appeals court strikes blow for London Taxi Company; decision highlights challenge facing shape mark applicants
The Court of Appeal of England and Wales has backed a High Court of Justice finding that the three-dimensional shapes of particular models of taxi were invalid and therefore not infringed by the manufacturer of the Beardmore, Oxford and Metrocab models of London taxi. One leading industry commentator noted that the decision “is a further example of the difficulties faced by applicants for ‘shape’ trademarks in demonstrating distinctive character”.
The Gleissner Files: investigation reveals massive scope of entrepreneur’s global trademark and domain portfolio
The vast domain name and trademark portfolio of entrepreneur and film producer Michael Gleissner can be revealed following an extensive investigation by World Trademark Review. The operation spans at least 36 countries with an estimated cost of close to $750,000 for trademark filings alone. Due to the breadth of this ongoing activity, and with high-profile brands such as BMW, Western Digital and even US President Donald Trump currently challenging some of his marks, every rights holder should take notice.
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