Blog results - found 91
New data has revealed that technology giant LG was the most prolific filer of trademark applications at the US Patent and Trademark Office in 2016, with entertainment conglomerates CBS, Time Warner and Disney just behind. Meanwhile, Apple which had the most trademarks of any major tech company a few years ago filed less than 70 marks last year, leading one industry commentator to ask: “Hey Apple, why aren’t you filing trademark applications?”
Numerous ‘offensive’ trademark applications filed following Tam ruling; applicants reveal commercial hopes and exploitation fears (Blog)
It is a week ago today that the Supreme Court handed down its long-awaited ruling in Matal v Tam, holding that the disparagement clause of the Lanham Act violates the US Constitution. On the day of the ruling, there were at least 11 trademark applications filed that could be deemed disparaging or offensive. We reached out to the applicants of these filings to find out why they have chosen now to make their applications, and how they expect last Monday’s decision to affect them.
“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.
Law firm behind Trademarkia to focus on quality as it eyes aggressive international expansion (Blog)
LegalForce RAPC, the law firm behind the Trademarkia search engine, has revealed to World Trademark Review that it is moving into the “next phase of the company” by implementing quality initiatives, forging new law firm partnerships and conducting an international recruitment drive. The move is an effort to bring more work in-house and diversify its global offering and will add further competition to the legal services space.
USPTO steps up efforts to remove deadwood from the register; proposes “streamlined” cancellation proceedings (Blog)
As part of its efforts to declutter the US trademark register, the United States Patent & Trademark Office is looking to establish a “streamlined version” of the current cancellation proceedings before the Trademark Trial and Appeal Board. Reaction to the proposal on social media has been broadly positive, with one IP expert further telling World Trademark Review that the move is a “logical” one.
Business owners slam UKIPO for "not doing anything proactive to defend existing trademark owners" following Gleissner filing spree (Blog)
A number of small business owners have contacted World Trademark Review to criticise the UK Intellectual Property Office’s (UKIPO) handling of trademark applications filed by entities related to entrepreneur and serial trademark filer Michael Gleissner. One stinging critique, from the owner of IT support firm Purple Computing, questions why the UKIPO is not providing sufficient protection for existing rights holders and claims that the duty to oppose or seek cancellation of marks is too financially burdensome for most small businesses.
As mysterious Gleissner trademark portfolio grows, insider denies “far-fetched” claim of link to domain acquisitions (Blog)
Over six months after our original reporting into the vast trademark and domain portfolio of entertainment magnate Michael Gleissner, his attorneys are continuing their prolific filing activity. While industry experts speculate that the mysterious filings could be linked to acquiring lucrative domain names, a source related to one of Gleissner’s companies tells World Trademark Review that this claim is “far-fetched” and “gross” and reveals an unusual business strategy involving the ‘farming’ of brands.
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.
The World Trademark Review Yearbook provides legal professionals worldwide with a simple, easy-to-use guide on the structure of trademark regulations in key jurisdictions across the globe. The 10th edition, which includes an interactive online comparison tool which allows practitioners to directly compare trademark procedures in up to four countries, is now available online.
As ‘Brexit Day’ arrives, now is the time for brands to identify what IP rights could be affected (Blog)
The United Kingdom government officially triggered Article 50 at lunchtime today, beginning the two-year process of negotiations that will lead to the UK leaving the European Union. While uncertainty still reigns, the impact on trademarks and designs could be significant and with Brexit now a certainty, brand owners should ensure they know exactly what rights could be affected once ‘leaving day’ arrives.
15 years at the top: China’s trademark office received a record-breaking 3.7 million applications last year (Blog)
The State Administration of Industry and Commerce (SAIC) the regulatory body that encompasses China’s national trademark office announced some headline figures for 2016 yesterday. China continues to lead the world in trademark filings and year-to-year growth shows no sign of slowing down.
Further to our report earlier this week, India’s Department of Industrial Policy and Promotion has ratified new trademark registry rules and published final fees some of which are higher than most industry observers had anticipated.
India’s trademark registry will adopt new rules today aimed at simplifying prosecution procedures and improving recognition for ‘well-known’ marks. The changes are also expected to herald significant increases in trademark filing and renewal fees.
The Trademark Company ditches trademark registration services, but the low-cost filing model continues elsewhere (Blog)
This week, The Trademark Company's website removed trademark registration services from its offerings. This follows founder Matthew H Swyers agreeing to resign from practising before the USPTO. However, low-cost registration filings are still being offered by another company established by Swyers ensuring that the debate over the commoditisation of trademark work will continue unabated.
The introduction of a bill in the California legislature, which seeks to create the ability to secure state-level trademark protection for cannabis products, has led to a wave of media reports highlighting the challenges facing the marijuana industry. Crucially, it also shines a light on the potential role that state-based registrations can play.
Last year was another busy one in terms of trademark strategy news, and the world’s largest and fastest-developing regional market was often at the centre of it all. World Trademark Review presents a retrospective on some of the key trademark and brand management developments in Asia-Pacific jurisdictions during 2016.
Last week’s International Trademark Association Digital World Conference featured many discussions focused on the digital single market that the European Union is looking to implement. While issues around copyright have spurred the most IP-related concerns from brand owners during the ongoing negotiations, one speaker suggested that the "natural result of the European project" will be a future move to a single European system of trademarks and patents with national registered rights eventually faded out.
Breakthrough in fight against trademark solicitations? Lessons from New Zealand’s $600,000 refund success (Blog)
The constant flood of trademark solicitation scams has been a blight to the IP community for a number of years now. But a recent success in New Zealand has led to over NZ$600,000 in refunds being paid to affected parties. Expert commentators are hopeful that this positive outcome could be repeated in other jurisdictions and may serve as a deterrent to other trademark solicitation operators.
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