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In Anchorage Capital Partners Pty Limited v ACPA Pty Ltd the Full Court of the Federal Court has considered competing claims to ownership of the trademark ANCHORAGE for financial services. The decision clarifies certain requirements for establishing a claim of ownership and provides additional guidance on when the own name defence will be available.
In the conclusion of our four-part series, World Trademark Review reveals the full IP Office Innovation Ranking and analyse the key findings from this year's project.
Spreading the message the IP offices taking significant strides to engage with the public about trademarks
We take a deep dive into how registries are spreading the trademark message to a wider audience
The 2018 PyeongChang Olympic and Paralympic Winter Games Act, which aims to prohibit the unauthorised use of games-related symbols, logos and slogans, did not initially address the issue of ambush marketing, leading to some uncertainty as to whether ambush marketing activities might be tolerated. However, the government has now indicated its intention to regulate such activities by amending the act to add specific provisions on ambush marketing.
Online trailblazers the IP offices breaking new ground in digital services, and those falling behind
As national IP registries are encouraged to become "innovation agencies" by offering more non-core tools and services, we look at how offices compare when it comes to digital metrics
As national IP registries are encouraged to become innovation agencies and to offer non-core tools and services, we once again identify those leading the way and the offices trailing behind
Letters of consent have been problematic in China, where brand owners often experience difficulty in obtaining such letters from local companies and having them accepted by the courts. However, there are encouraging signs that the situation is changing, which is good news for brand owners looking to protect their trademarks in the country. This update also provides a useful summary of what brand owners need to know when seeking to rely on letters of consent in China.
Effective as of January 15 2018, Circular 16/2016/TT-BKHCN of the Ministry of Science and Technology introduced important changes to trademark-related procedures before the National Office of Industrial Property. Among other things, applicants are now given longer time periods to respond to office actions, and the NOIP must provide opponents with the details of the examination of the opposed application.
Slight change in defendant's registered mark found to infringe claimant's mark; court awards Rmb3 million in damages
The Zhongshan Intermediate Court has found that the registered trademark 了M, as used by its owner, did not constitute "standard use" of the registered trademark and infringed 3M Company’s registered trademark 3M. The transformation, through their actual use, of registered trademarks into infringing signs is becoming a real concern.
The Maasai Intellectual Property Initiative which represents the Maasai tribe of Kenya and Tanzania in efforts to gain control over commercial uses of its cultural ‘brand’ recently secured royalty payments on the proceeds from Koy Clothing’s Maasai-inspired attire. While the deal is not based on formal IP rights, the negotiator behind the agreement describes it as a “stake in the ground”, telling World Trademark Review that his vision is for other fashion houses capitalising on the tribe’s heritage to follow suit.
Following the release of Brand Finance’s Banking 500 2018 report last week, which identifies the brand value and strength of the world’s 500 largest bank brands, World Trademark Review attended the Brand Finance Banking Forum, a follow-up event that elaborated on the report’s findings and illuminated the most pressing issues banks are facing. Below are some of the key takeaways.
The Moscow Arbitration Court has ruled that mark owners cannot prohibit the importation of authentic products, even if the goods are imported by unauthorised distributors. This ruling is in line with the Federal Anti-monopoly Service’s stance on parallel imports even though it appears to be contrary to Article 1484 of the Civil Code, according to which parallel imports constitute trademark infringement.
Why the authorities are taking a tougher stance on trademark infringement in the Chinese food industry
Thirteen defendants have been criminally prosecuted in Shanghai for selling goods under fake labels. The cases involved registered trademarks for imported fruit, including DOLE, ZESPRI and SUNKIST. It appears that the authorities are taking a tougher stance in cases involving counterfeit food, compared to cases where only commercial interests are involved.
In Tan Kim Hock Product Centre Sdn Bhd v Tan KimHock Tong Seng Food Industry Sdn Bhd, the Federal Court has considered the scope and application of Section 9 of the new Trade Descriptions Act 2011. Among other things, the Federal Court held that Section 9 empowers the High Court to declare that goods are imitation goods in a trade description order.
Singapore opens plain packaging consultation; hits out at “misleading” use of branding by tobacco companies
Singapore’s Ministry of Health has opened a public consultation on proposals to introduce standardised packaging of tobacco products alongside enlarged graphic health warnings. The document firmly dismisses legal and trade-related arguments against plain packaging, and should be of concern to rights holders seeking to prevent the expansion of brand restrictions.
The number of trademark applications filed with the China Trademark Office (CTMO) has increased dramatically in recent years and malicious pre-emptive registrations have become increasingly widespread. The CTMO has recently outlined several measures that it plans to take to curb bad-faith registrations, including setting up a blacklist of bad-faith registrants.
The Beijing IP Court has issued its decision in the first graphical user interface (GUI) infringement case in China, in a battle between anti-virus software giants Qihoo 360 and Jiangmin. The decision represents a heavy blow not only to Qihoo 360, but also to thousands of GUI patentees in the country.
Amazon has supplanted Google as the world’s most valuable brand, according to the latest Brand Finance Global 500 rankings. With Apple, Samsung and Facebook rounding out the top five, technology brands dominate the top of the list. However, it is the continued rise of Chinese brands on the international scene that should be noted.
British prime minister Theresa May has fired a warning shot to China’s government over the need to respect the rules of international trade especially in regards to counterfeit goods. In a message published on the day she begins an official visit to China, May writes that the two countries must work together so UK businesses can be “confident that their intellectual property and rights will be fully protected”.
In The Polo/Lauren Company LP v Royal County of Berkshire Polo Club Ltd, The Polo/Lauren Company has failed to invalidate the Royal County of Berkshire Polo Club's registration for a composite mark containing the word 'polo' and the device of a polo player. The invalidation action was based on prior use and rights in a device mark representing a polo player, the word mark POLO and a composite mark consisting of the word 'polo' and a ‘polo player’ device.
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