Blog results - found 179
Every Tuesday and Friday World Trademark Review presents a round-up of news, developments and insights from across the trademark sphere. In today’s edition, we look at the USTR reviewing Thailand’s IP status, Canada getting closer to introducing plain packaging, a luxurious approach to gTLD pricing and a scramble for the Amiga trademark.
Argentina trademark fees set to increase upwards of 50% as government attempts to curb inflation (Blog)
Brand owners wishing to protect their trademark rights in Argentina should prepare for increased costs, as the country’s IP office recently implemented a two-stage set of fee rises. The changes, which will be fully implemented from October 1, see some filing fees rise by over 50%.
New study claims Slender Man is in the commons, argues assertion of trademark rights “chills creativity” (Blog)
A new academic paper studying the IP status of internet folklore argues that online community-created works are in the commons. It suggests that claims of ownership under both copyright and trademark law harm the public by depriving it of more creative works. The research focuses primarily on Slender Man and predicts that the release of a major Hollywood movie next year could lead to entities seeking to “exclusively own” the horror character.
McDonald’s sticky situation, Taylor Swift overreactions, USPTO’s Irma notice and Brexit reaction: Friday round-up (Blog)
To accompany our usual analysis and commentary, we bring you the latest news updates from around the trademark world. From the outcry over Taylor Swift’s latest trademark applications to industry reaction to the EU Commission position paper on IP rights post-Brexit, here are the developments that we think are worth having on your radar.
L’Oréal revealed as EUIPO's top trademark filer as office experiences Brexit-related volatility (Blog)
Exclusive data compiled by World Trademark Review has revealed the top corporate and representative filers at the EU Intellectual Property Office for the year to June 2017. L’Oréal sits in top spot, with a number of Asian technology brands close behind. While international brand powerhouses continue to utilise European-wide protection, the office experienced volatility in filing levels last year, which it attributed in part to the Brexit vote.
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.
American typo: how Trump’s COVFEFE Twitter error inspired dozens of trademarks and product launches (Blog)
When US president Donald Trump mistakenly posted the typo ‘covfefe’ on Twitter in May, it quickly went viral and led to over 50 trademark filings across the globe. In the months since, a number of those applications have reached registration, with one applicant telling World Trademark Review that he is confident a brand name featuring the seven-letter misspelling will be a catalyst for business success.
As the Indian trademark office steps up its efforts to clear its long-standing backlog and process the rapidly rising numbers of applications, one practitioner has observed a resulting spike in clients receiving provisional refusals to international applications designating the country. However, rather than a cause for alarm, she argues that this trend is a natural consequence of the office upping its game.
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.
Hand gesture trademark application likely "publicity stunt" by Gene Simmons, but practitioners should engage to quell IP backlash (Blog)
As news articles around the world have reported, Gene Simmons, frontman of rock band KISS, has filed a trademark application for the so-called ‘devil horns’ hand gesture. The news has caused outrage towards both Simmons and the concept of trademark law itself, although some point out that it is likely just a publicity stunt. Nonetheless, faced with yet another IP backlash online, trademark community members should proactively engage in the discussion and quell misperceptions about the law.
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.
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.
Tencent, LG Electronics and Time Warner revealed as owners of the fastest-growing trademark portfolios (Blog)
New research has revealed the top corporate trademark filers for 2016, with Chinese giant Tencent Holdings leading the way. The company is one of six Chinese powerhouses to make the top 50 list, trailing only US and German businesses with respect to global filing activity.
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.
A recent judgment handed down by the Taiwan IP Court has highlighted how rights holders must act quickly if they believe their trademarks are being infringed or risk losing their ability to claim compensation.
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.
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