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This week’s World Trademark Review country data report focuses on the bustling trademark landscape in Germany. We reveal the European powerhouse’s leading sectors, present essential filing data and explain how the country’s robust brands have continued to surge in value.
Canada’s proposed Child Health Protection Act is making its way through the country’s legislative process. Outlawing the marketing of unhealthy foods to children, it could have a significant impact on the use of food and beverage trademarks. Although the bill exempts affected trademarks from cancellation through non-use, there are fears that it will create a new class of brands deemed to be “in limbo”.
Mexico shows robust filing figures, as services overtake goods for first time: exclusive data analysis (Blog)
In World Trademark Review’s latest country data report, we take a look at Mexico and how brands fare in the country. We will be examining key filing statistics, the top industries and the performance of the Mexican trademark office to determine areas of opportunity and risk.
With the prospect of a ‘no deal’ Brexit, the UK government should have unilateral trademark provisions on standby (Blog)
UK Prime Minister Theresa May spoke again this week of the possibility of the United Kingdom leaving the European Union without a negotiated deal, and dismissed joining the European Economic Area as an option for the country. With the outcomes favoured by most brands and IP professionals unlikely in such a scenario, it is crucial for the United Kingdom to formulate an approach to EU trademarks in the event of a 'hard' Brexit.
“Campinos brings tremendous value to the EPO” national IP offices and associations react to leadership move (Blog)
It was announced yesterday that António Campinos, executive director of the EU Intellectual Property Office (EUIPO), will soon be moving from Alicante to Munich to take up the presidency of the European Patent Office (EPO). We reached out to national IP offices with the European Union, as well as some key trademark associations, for their reaction. To date, the feedback has been overwhelmingly positive. There is also consensus on the need for his successor to provide consistency and continuity at the EUIPO.
In the first of a new series of country data reports from World Trademark Review, we identify the key trademark trends in the Korean market, consider where filing business is emanating from and highlight the performance of leading domestic brands.
Commentators divided over independent USPTO proposal; doubts over whether it will gain political traction (Blog)
The House Budget Committee has published a proposal aimed at curbing excessive government spending, with an independent US Patent and Trademark Office (USPTO) included among its recommendations. One trademark expert told World Trademark Review that such a move would end the existing “archaic” relationship between the USPTO and the US Department of Commerce (DOC). However, the feeling on the ground in DC is that both Congress and the DOC will resist efforts to reduce their oversight of the agency.
“Not bloody easy” Czech IPO president urges EU Commission and IP5 to take stronger action against trademark invoice scams (Blog)
Czech Republic Industrial Property Office President Josef Kratochvil has issued a strong warning about the “very dangerous” activities of entities sending fraudulent solicitations to trademark applicants. Speaking to World Trademark Review, the respected IP expert urged the EU Commission to include the issue on its list of crimes, and for more joint action from leading IP offices.
USPTO pledges additional support following Hurricane Harvey; questions raised over speed of response (Blog)
The US Patent and Trademark Office has vowed to offer extra guidance and support for users affected by the catastrophic effects of Hurricane Harvey, which has devastated areas of Texas and Louisiana over the past 10 days. The move follows criticism by some in the trademark community, with one practitioner suggesting the response was slow in comparison to the office's swift reaction following Hurricane Sandy in October 2012.
Groundbreaking study suggests extraterritorial application of US trademark law “burdens” rights holders (Blog)
A first-of-its-kind empirical study into the territorial scope of US trademark law has concluded that much of the conventional wisdom regarding extraterritorial rights “is questionable, if not incorrect”, with its author declaring that “the current over-extension of the Lanham Act must be curbed”. Crucially, the research provides insights that could aid US brand owners in future enforcement endeavours.
The Trademark Office in the northern Iraq region of Kurdistan has reopened its doors to trademark applications following a temporary suspension of operations. While costs have risen, the market should be on the radar of counsel as the market expands and counterfeiters look to capitalise.
World Trademark Review is seeking user views on the EU Intellectual Property Office’s operations and performance levels in the past 12 months, as well as perspectives on some of the bigger issues impacting European trademark practice. The survey closes on Wednesday (19 July) so act now to have your voice heard.
Exclusive survey finds OAPI agents broadly optimistic but concerns raised over frequent errors, slow examinations and soaring trade in fakes (Blog)
An independent survey conducted by World Trademark Review has assessed the sentiment of agents accredited by the African Intellectual Property Organisation (OAPI) and feedback was decidedly mixed. While agents were broadly positive about a number of aspects of the office’s operations, there were a number of concerns voiced about the speed of examinations, frequent errors made on official documentation and a lack of English-speaking staff with OAPI also urged to help tackle the escalating counterfeiting problem in the region.
Most used counterfeit trade routes revealed as pressure on enforcement authorities continues to rise (Blog)
New research has revealed that counterfeiters are using Hong Kong, the United Arab Emirates and Singapore as their main global trading hubs, importing containers of fake goods which are then sent by post or courier in smaller consignments. While providing useful intelligence for rights holders and enforcement officials, the report also highlights a worrying conundrum facing Customs authorities.
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.
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.
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.
Halving of Chinese trademark fees provides immediate costs benefit for counsel, but raises squatting concerns (Blog)
Reversing a trend towards increases seen across several Asian jurisdictions of late, the China Trademark Office of the State Administration of Industry and Commerce has slashed user fees by half. While the reduction is welcome in terms of budgets, many trademark counsel will be concerned about a potential increase in indirect enforcement costs should squatters try to take advantage of the lower fees.
Trademark application and registration rates in India went through the roof last year, indicating success in terms of both streamlining the prosecution process and dealing with a hefty filings backlog. However, it remains to be seen whether the national registry’s human resources can keep up with this positive trend.
IP office of Chile reacts to rankings research, highlights efforts to innovate in trademark services (Blog)
For the current issue of World Trademark Review magazine we undertook a research project to identify the IP offices most committed to value-add offerings for users. In response to the article, Maximiliano Santa Cruz, director of the National Institute of Industrial Property of Chile (INAPI), has contacted us to provide an update on how the office is seeking to foster "balanced IP systems that stimulate innovation and entrepreneurship".
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