Blog results - found 90
The US Court of Appeals for the Federal Circuit is to consider whether the federal government’s treatment of ‘disparaging’ marks violates the First Amendment. The move, issued as the court vacated last week’s decision on the rejection of a trademark application by Asian American band The Slants, has been labelled a “shock” by the band’s attorney.
The founder of the Asian American dance-rock band behind the application has slammed this week's appeal decision, telling World Trademark Review that he finds the USPTO's treatment of evidence “absurd”.
The Madrid Protocol came into effect in 17 African countries this week, with Zimbabwe due to join them at the end of next week. Commentators have expressed concern over the enforceability of registrations in a number of nations across the plateau continent.
A number of media reports in recent weeks have slammed NFL club the Seattle Seahawks for its ‘aggressive’ trademark strategy. Research conducted by World Trademark Review indicates that, while the team is indeed top of the trademark pile in the NFL, the number and type of trademarks it is filing is not significantly ahead of its rivals, despite media coverage suggesting otherwise.
A judge’s recent declaration that a New York pizzeria’s trademark infringement case for the flavour of one of its dishes was “half-baked” is the latest setback for non-traditional trademarks, and another reminder that taste trademarks remain a sour prospect with little chance of taking off in the US, the EU or any global jurisdiction.
Last night Apple announced a new iPhone model and a new product line in the form of a smartwatch device. Speculation before the event (fuelled by leaked CAD renderings, patent filings and trademark applications) meant there were few surprises. This highlights a challenge for companies how to ensure that trademark applications don’t give the game away.
Russia’s Federation Council on Intellectual Property is proposing an amendment to Russian trademark law that would stop naturalistic images of products and descriptive trademarks as the basis for distinctiveness. WTR discovers a very mixed response to the proposed changes.
A collectible accessory company’s trademark application for DOGE this week appeared to be following the same path that many trademark controversies do - until a canny strategic move flipped the situation on its head.
The proposed changes to Canada’s Trademarks Act have proven controversial since they were announced back in March this year, and the final reading of Bill C-31 could reach the House Of Commons as early as next week. However, a number of practitioners are keen to outline the positives.
Research conducted by World Trademark Review reveals that, for the third year in a row, Manchester United boasts the most trademarks of any club in the English Premier League. Our data analysis also examined filing activity amongst the world’s most valuable football clubs and players, with FC Barcelona pulling ahead of arch-rivals Real Madrid, while Lionel Messi overtook former teammate Neymar Jr.
A new study from BillerudKorsnäs has found that a significant proportion of consumers would pay extra for sustainable packaging and would even change brands to do so. However, talking to World Trademark Review, a BillerudKorsnäs representative suggests that one challenge could be the sheer number of certification trademarks that exist with so-called “label-mania” making it difficult for brands to effectively communicate sustainability credentials to consumers.
Trademark trolls in Canada? Data reveals rise in “suspicious” applications are nearly all related to millionaire Gleissner
There have been recent reports of a steep rise in so-called 'trademark trolls' in Canada, following fears that the impending overhaul of the Canadian Trademarks Act could lead to an increase in nefarious activity on the register. However, new research suggests the vast majority of the “suspicious” applications over the past year are related to notorious trademark filer Michael Gleissner leading to calls for the Canadian IP Office to “take action”.
Advertising Standards Authority ruling could have far-reaching implications for UK trademark law firm marketing
The UK’s Advertising Standards Authority (ASA) ruled this week that IP advice and registration platform Trade Mark Direct (TMD) cannot claim to be the country’s ‘leading’ or ‘number one’ trademark firm. The decision could lead to a major shift in how firms market themselves in the UK, claims the founder and director of TMD.
A trademark application for the term SERIAL, filed by the creators of the popular podcast of the same name, has been refused by the TTAB. The decision comes as research by World Trademark Review reveals that many of the most popular podcasts, including The Joe Rogan Experience, Welcome to Night Vale and Chapo Trap House, have not secured registered trademark protection.
In the weeks since World Trademark Review published its investigation into UK oppositions linked to Michael Gleissner, more decisions have been published most of which will leave the multi-millionaire entrepreneur disappointed. One attorney who recently prevailed in an opposition against a Gleissner-linked application recommends that future opponents plead bad faith, and explains how he worked the case “for the good of the system rather than profits”.
WIPO reveals strong growth in Madrid applications; L’Oreal, Novartis and Abercrombie feature in top filers list
The World Intellectual Property Organisation has released filing statistics on use of its various international IP protection systems, including the Madrid System for trademarks. The data reveals strong growth for international marks, with those originating in China, Russia and the United Kingdom showing significant rises.
The Venezuelan Patent and Trademark Office has suspended payment of official fees by foreign applicants for the foreseeable future. The situation, which has resulted in services including renewals and changes of ownership grinding to a halt for many brand owners, has been described by one local attorney as “lacking legal basis” and leaving IP owners “in limbo”.
The Gleissner Oppositions: investigation reveals serial trademark filer has prevailed in disputes with major brands
A major new investigation by World Trademark Review has collated data from every trademark opposition in the United Kingdom involving entrepreneur Michael Gleissner since January 2017. The information reveals that he has lost a vast majority of decisions, with a number of successful opponents giving their insights into taking on the serial trademark filer. However, he has also scored some notable victories against well-known brands.
USPTO goes after the fakers; experts praise initiative to combat improper specimens, call for further action
The US Patent and Trademark Office (USPTO) has launched a pilot programme to help combat improper specimens on trademark applications. The move comes in the wake of a World Trademark Review investigation which discovered numerous fake specimens by Chinese applicants, with the USPTO confirming there had been a “dramatic increase” in illegitimate filings. This initiative has been welcomed, although one expert calls for the office to go even further.
Expert wonders if adidas enjoys “hyperprotection” as sportswear giant prevails in EU three stripes battle
The EU General Court has ruled that two parallel stripes on footwear infringes the 'three stripes' trademark rights of adidas. Reflecting the recognition acquired by the footwear giant’s branding, the decision also shows the power of non-traditional marks according to one IP attorney; however, another has questioned whether it is an example of a brand enjoying “hyperprotection”.
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