Blog results - found 402
Food brands in India abandoning registered rights to avoid “trademark tax”; expert decries short-sighted reaction (Blog)
Reports have emerged of a number of food traders in India giving up their registered trademarks to avoid a newly implemented 5% goods and services tax. One senior IP expert confirmed to World Trademark Review that this new tax affects both domestic and international companies, but accused companies giving up trademark registrations as taking a “myopic outlook” as the benefits of a trademark far outweigh a 5% tax outlay.
“Simple and correct” or “tremendous damage to minorities”? Opinion split on Matal v Tam decision (Blog)
The long-awaited Supreme Court decision in Matal v Tam was handed down yesterday and immediately caused heated debate. Following our coverage of the decision, we approached a number of trademark experts to obtain their analysis of the wider implications and what it practically means.
A violation of the First Amendment: Supreme Court issues long-awaited decision on disparagement clause (Blog)
The Supreme Court has handed down its long-awaited ruling in Matal v Tam, holding that the disparagement clause of the Lanham Act violates the Free Speech Clause of the First Amendment. In a unanimous 8-0 opinion, the court states that “the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate’”. In response, the USPTO has confirmed to World Trademark Review that it plans to "issue further guidance" on how it will affect the examination of applications.
On Friday, President Trump unveiled his plans to re-adjust the policy of the United States towards Cuba, announced that he was “cancelling the last administration’s completely one-sided deal” with the country. The move has implications for trademark owners, although in many respects overall strategies shouldn’t change not least when companies are faced with third parties seeking to register their brands.
The Global Innovation Index 2017 has revealed the world’s most innovative countries. While the top 10 is comprised of the same jurisdictions as last year, high innovation performance among Sub-Saharan African countries, relative to development, is a notable trend. However, given the report's wide scope, the specific trademark lessons are limited.
After shock UK election result, possible shift in Brexit approach could have significant impact on trademarks (Blog)
After last night’s unexpected results in the UK general election, which returned a hung parliament, the uncertain direction of the Brexit negotiations has become a hot political talking point across the continent. While positions will no doubt be carved out in the coming weeks, the likely knock-on effect for the trademark world is less clear than ever before.
Going it alone: Cayman Islands to create local trademark registry, further calls to join Paris Convention (Blog)
The new Cayman Islands trademarks law will be implemented on August 1, transforming how international brand owners attain protection in the Caribbean jurisdiction. Previously, a UK or EUIPO registration was required to attain trademark rights on the island, but this practice will end, with only national applications filed by local agents being accepted. However, there are claims the changes don’t go far enough, with one commentator calling for the country to join the Paris Convention.
After USPTO director's surprise resignation, the trademark credentials of her successor need to be considered (Blog)
In a surprise move, Michelle Lee, director of the US Patent and Trademark Office, has resigned after four years in the role. The discussion over her replacement will no doubt focus on the patent background of potential candidates. However, it is important that trademarks are not lost in the mix.
As UK election day looms, trademark lawyers prepare for change while political parties barely give intellectual property a glance (Blog)
After one of the more divisive election campaigns in recent history, the UK electorate heads to the polls this Thursday. While social policies and national security have jostled with Brexit as the most important issue for voters, two new studies demonstrate that the UK’s move to leave the European Union remains a key concern for rights holders around the world. However, while some are adapting their filing strategies in preparation, many remain “perplexed” about what to do.
Proposed changes to Singapore’s customs regime could aid counterfeiters “looking for enforcement gaps” (Blog)
Time is running out for rights holders to have their say on proposed changes to the Singaporean customs regime. Designed to increase the country’s attractiveness as a transshipment hub, one industry expert has warned that the proposed amendments to the Customs Act could have the opposite effect, and create enforcement gaps that could be exploited by those engaged in counterfeiting and other illicit activities.
Brand stewards, fake news, transport woes and a Brexit badge for Brits: INTA 2017 day two report (Blog)
Often the busiest day for attendees, the Monday of the INTA Annual Meeting usually features a full schedule of meetings, sessions, table topics and receptions reaching a crescendo that often goes into the early hours of Tuesday. Trying to keep up with the rapid pace of activities, the World Trademark Review editorial team of Trevor Little, Joff Wild and Tim Lince report on the action.
Daily drama, fakes on the beach, keynote controversy and a canny crocodile: INTA 2017 day one report (Blog)
The beautiful city of Barcelona is currently packed to the rafters with trademark experts attending INTA’s 2017 Annual Meeting. As ever, the World Trademark Review team is on the ground; reporters Trevor Little, Joff Wild and Tim Lince present some of their highlights and observations from the first full day of the event.
USPTO pledges international approach to combat growing threat of trademark solicitation scams (Blog)
The US Patent and Trademark Office (USPTO) is stepping up its aggressive pursuit of trademark solicitation scams with the creation of a “first of its kind” roundtable event. Talking to World Trademark Review, USPTO Trademark Commissioner Mary Boney Denison confirmed that the agency is “increasingly concerned” about fraudulent trademark invoices and revealed plans to work with international counterparts to combat the problem more effectively.
Leaks indicate victory for Australia in seminal WTO plain packaging dispute a knockout blow for tobacco brands (Blog)
A dispute resolution panel of the World Trade Organisation has reportedly ruled in favour of Australia in a complaint brought by a number of countries, including several major tobacco exporters, against its plain packaging policy. While the world awaits public confirmation of the decision, the early leaks suggest a significant blow has been dealt to tobacco brand owners.
Pakistan introduces new, brand-friendly customs rules amid push for stronger trademark protections (Blog)
Pakistan recently added new IP provisions into its 2001 Customs Rules which are broadly expected to improve enforcement outcomes for brand owners importing goods into the country. The regulatory update comes amid a range of reforms that have been aimed at enhancing IP rights protections in Pakistan.
Unjustified threats overhaul receives royal nod, raises prospect of increased weak infringement allegations (Blog)
With the UK Intellectual Property (Unjustified Threats) Act receiving royal assent, clarity on what can be said in pre-action correspondence relating to trademark disputes is a step closer. While the bill has been welcomed, one commentator has warned that the protection from liability afforded to legal advisers could lead to an increase in knowingly weak allegations of infringement.
Trump Administration's first Special 301 Report slams Canada and Mexico for inadequate border enforcement against counterfeits (Blog)
The Office of the US Trade Representative (USTR) has published the 2017 Special 301 Report, the first released under the Trump administration. While Pakistan and Spain are complimented for “positive momentum” behind their IP regimes, the report knocks a number of jurisdictions including neighbours Canada and Mexico for what it deems to be ineffective border enforcement against fakes.
Hong Kong moves closer to tobacco plain packaging; street vendors voice disappointment and anger, threaten protest (Blog)
The Hong Kong government tabled a law yesterday that will substantially increase the size of mandatory health warnings on tobacco products and leave the autonomous territory a step away from full-blown ‘plain packaging’. The developments have led to complaints from tobacco vendors, which claim that they will lose business as consumers switch to counterfeits and grey-market cigarettes as a result of the changes.
OAPI in “period of transition” as new director general appointed; anti-Madrid collective “goes into hiding” (Blog)
The African Intellectual Property Organisation (OAPI) has confirmed to World Trademark Review that its director general, Paulin Edou Edou, will be leaving at the end of July, with his successor beginning in August. This comes as the collective formed to challenge OAPI’s accession to the Madrid Protocol disbands due to a fear of being banned from IP practice, although a former member reveals that it may regroup later in the year.
The landmark emoluments lawsuit initiated by Citizens for Responsibility and Ethics in Washington seeking to find the president in violation of the emoluments clauses of the Constitution has been updated to include the receipt of “gratuitous Chinese trademarks”. Specifically, the suit aims to link the granting of registrations to President Trump’s affirmation of the ‘One China’ policy.
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