Blog results - found 61
Democratising trademark data: ambitious call to create non-profit to develop global e-filing standards
In an exclusive guest post for World Trademark Review, the chief executive of IP docketing technology company Alt Legal urges IP offices to work towards, and adopt, universal standards in trademark data and electronics filings. To achieve this, he is calling for the creation of a non-profit organisation tasked with promoting and developing industry best standards in relation to e-filings and trademark databases.
Alibaba on the offensive: warns brands not to trust Notorious Markets List, undecided on future cooperation
Alibaba Group continues to talk tough in the wake of its online marketplace Taobao remaining on the Office of the US Trade Representative’s latest Notorious Markets List. Talking to World Trademark Review, an Alibaba spokesperson claims that brand owners should no longer trust the list and revealed that the company may not submit evidence for future reports.
New research has examined how religious signs are increasingly used in trade, and revealed how misappropriation by nefarious sellers can be harmful to the identity and preservation of religious cultures. To that end, the study’s author tells World Trademark Review that governments “should do more” to protect religious signs and that religious organisations must engage in commercial activities in order to fight back against misappropriation.
A well-loved Canadian pastry company got entangled in a PR crisis this week over accusations of perceived trademark enforcement overreach. While the marketing team gave a canny response on social media which appears to have quelled most of the outcry, evidence suggests that the negative impact could have a lasting effect on the brand. It is another reminder of the risks of trademark enforcement and how practitioners must tread carefully in the age of social media.
Fighting fakes over the festive period: anti-counterfeiting activity steps up as shopping season begins
With Christmas less than a month away and Black Friday and Cyber Monday having kick-started the online shopping season, government agencies and associated organisations have stepped up their anti-counterfeiting messaging and enforcement efforts. Leading this push was yesterday’s announcement of the results of a joint action against websites selling counterfeit products facilitated by Europol and Interpol a move that saw a dramatic increase in seized domain names compared to previous years.
While consumers enjoy the low prices offered on Black Friday, the sales period is a significant challenge for trademark practitioners especially for protecting shoppers from online scams. Exclusive research looks at how well-known fashion and retail brands have utilised (or not) key new generic top-level domains (gTLDs), including ‘.blackfriday’ and ‘.shop’. We find that few brands are taking advantage of new gTLDs for marketing purposes and, unsurprisingly, numerous examples of cybersquatting and unusual examples of brand hijackings.
“Campinos brings tremendous value to the EPO” national IP offices and associations react to leadership move
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.
“Not bloody easy” Czech IPO president urges EU Commission and IP5 to take stronger action against trademark invoice scams
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
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
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.
Exclusive survey finds OAPI agents broadly optimistic but concerns raised over frequent errors, slow examinations and soaring trade in fakes
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.
Going it alone: Cayman Islands to create local trademark registry, further calls to join Paris Convention
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.
Alibaba Group has taken a hard line against users that file false or misleading IP infringement complaints, claiming that 24% of all complaints it receives are deemed “malicious” and “a drain on the group’s efforts to stamp out counterfeits”. Highlighting its strong stance on the matter, it confirmed it had barred one company from lodging complaints due to repeated misuses of its complaints platform. However, one commentator claims that the problem is of the ecommerce giant’s own making.
IP Office of Singapore rejigs trademark fees; chief executive calls on all IP offices to transform into “innovation agencies”
The Intellectual Property Office of Singapore (IPOS) has announced it is slashing trademark filing fees in an effort to “keep them competitive with other countries”, although trademark renewal fees are set to rise “to discourage IP hoarding”. The move comes at a time when IPOS chief executive, Daren Tang, is urging IP offices to evolve beyond simply administrating an IP register.
DIP senior official's painting theft goes viral; fallout leads to loss of “asset to Thailand’s IP community”
Reports of the arrest of a senior official from Thailand’s Department of Intellectual Property (DIP) for stealing paintings from a hotel went viral last week, with thousands of messages posted to the office’s social media channels. The official has since resigned from his role and apologised for damaging the integrity of the DIP. But one leading IP law firm tells us of its regret that the fallout from the incident has resulted in the office losing a well-respected figure.
The Italian Patent and Trademark Office has launched a tender for granting funds to support the “revival and economic exploitation” of Italian brands deemed to “represent a piece of history”. One commentator tells World Trademark Review that the move is “significant”, but questions whether certain parts of the fund will be necessary for companies that have been trading for over 50 years.
Trademark implications of Brexit, Trump and Samsung Note 7 crisis feature in our most-read list of 2016
As 2016 draws to a close, it’s time to take a look back at the blogs which received the most reads in the past 12 months. Our list includes the brand value hit of Samsung’s Note 7 crisis, Alibaba’s spat with Chinese ecommerce rival JD.com and trademark applications attempting to commercialise the Panama Papers, Brexit and the once-popular ‘meme’ Be Like Bill.
Trademark filings in Kurdistan have been suspended until further notice due to “administrative and management issues” at the office, World Trademark Review understands. Those seeking to secure registrations that cover the entirety of Iraq which has had two self-autonomous trademark offices since 2011 will likely have to wait until early next year for operations to resume. The development could cause headaches for brand owners seeking to enforce rights in the region, including US president-elect Donald Trump, with a ‘Trump Fish’ restaurant recently opening in the Iraqi city of Duhok.
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.
The Brazilian government has confirmed that it intends to join the international trademark system by mid-2018. While the country’s move towards the Madrid Protocol will be seen as positive by the World Intellectual Property Organisation, one expert argues that the country’s trademark office is far from ready even claiming that its progress could be stifled as a result of Madrid.
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