Blog results - found 171
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.
Japanese trademark pendency times rise with registrations; interest in non-traditional marks cools (Blog)
While the Japan Patent Office registered more trademarks last year than it has in almost a decade, new data indicates that it is also taking more time than ever before to decide whether applications should be granted or refused.
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.
Trademark registrations up, designs down as the Japan Patent Office reveals the top registrants for 2016 (Blog)
The Japan Patent Office received its highest number of trademark applications in 10 years during 2016, according to the agency’s latest annual report. Of the top 10 registrants last year, nine were Japanese entities (the exception being South Korea’s LG Electronics).
Survey reveals few indie game developers seek trademark protection; law firms urged to show door is open (Blog)
A poll conducted by World Trademark Review at gaming conference EGX Rezzed last week suggests only a small percentage of independent video game developers consider registered trademark protection during the process of releasing a game. While various reasons were stated, one repeatedly brought up was the daunting prospect of approaching a law firm, with a more bespoke approach suggested in a bid to benefit both communities.
Pernod Ricard and Bacardi’s battle over HAVANA CLUB trademark erupts again after call for renewal U-turn (Blog)
A bipartisan congressional delegation has called on the Trump Administration to reverse a US Office of Foreign Assets Control decision to grant a licence allowing Cubaexport to renew the HAVANA CLUB trademark registration in the United States. Slamming the licence as “misguided”, the group has catapulted the long-running dispute between Pernod Ricard and Bacardi back into the political arena.
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.
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