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Following its accession to the Paris Convention for the Protection of Industrial and Intellectual Property, Kuwait has recently introduced a new e-filing system for trademark applications. This update examines how Kuwait is modernising its trademark prosecution process in line with international best practices.
In Giro Travel Company v Andreas Stihl AG, the Second Board of Appeal of the EUIPO has found that a colour mark consisting of the colours orange and grey for chainsaws was invalid. The decision confirms that, despite the change in 2015 to remove the ‘graphic representation’ requirement, the Sieckmann criteria remain in play.
The Patent and Trademark Office has ordered the cancellation of a 3D trademark representing Crocs Inc's famous clog shoe in Classes 10 and 25. Among other things, the office found that the elements making up the mark were aesthetically functional and could not be exclusively appropriated.
Birkenstock's ‘patterned sole’ UK trademark has been held to be invalid for lack of distinctiveness. This case reaffirms the difficulty in defending a sub-brand (or unconventional) trademark and provides further case law in support of the position held in Nestle v Cadbury.
In a landmark decision, the Court of Appeals has held that the level of attention of the target consumers plays a significant role in the assessment of the likelihood of confusion. The court concluded that there was no likelihood of confusion between the trademarks A10.COM and A-101, as the goods and services in Classes 9 and 41 target cautious and selective consumers.
The Federal Administrative Court has held that there was no likelihood of confusion between the trademarks SIGNIFOR and SIGNASOL for pharmaceutical preparations in Class 5 despite finding that the goods were similar, that the marks were similar from a phonetic and visual point of view and that there was a certain conceptual similarity between them.
Rospatent has announced that a faster process for the expedited examination of trademarks and patents is now available. The new timeframe provides significant benefits for applicants, but brand owners must be aware of this change when building their strategies against potentially infringing applications.
With a fast-improving IP office and flourishing brands, Italy’s outlook is bright: exclusive data analysis
This week’s World Trademark Review country data report focuses on the branding landscape of Italy. We explore key filing data and the performance of the leading Italian brands, revealing that their total value has increased at a quicker rate than that of the top global players.
Kit Kat blow, Comey trademark abandoned, and Russian IP office pledges blockchain support: news round-up
In our latest round-up, we look at the advocate general’s latest Kit Kat opinion, INTA’s call for more research on illicit trade, Liverpool Football Club embroiled in a dispute, strong start for the ‘.app’ new gTLD, and advice on building a fashion retail brand in 2018.
The WTR Industry Awards 2018 which will be presented at an exclusive ceremony at the Seattle Art Museum honour leading trademark teams and individuals across a range of sectors. We reveal the shortlist.
Despite court's non-infringement ruling, TTAB affirms Section 2(d) refusal of MOAB for automobiles and parts
The TTAB has affirmed a Section 2(d) refusal to register the mark MOAB for motor vehicles, finding it likely to cause confusion with the mark MOAB INDUSTRIES for automotive conversion services. While the application was pending, a federal court ruled in favour of the applicant in a trademark infringement and unfair competition action brought by the registrant, but the TTAB found that the ruling had no estoppel effect on the determination of this ex parte appeal.
“Generic drug-making is a fast-track business”: Sandoz trademark head reveals approach to IP management
For the latest in World Trademark Review’s series of interviews with WTR 300-listed corporate counsel, we met up with David Lossignol, INTA’s president-elect and global head of trademarks for Sandoz. He explained how he overcomes the challenges of managing pharmaceutical brand rights across many jurisdictions and addressed the growing threat of brand restrictions.
The Court of Appeal has upheld a decision of the Civil IP Court in which the latter assessed the similarity between two trademarks by taking into account generic words, which would not be normally considered in the examination of the likelihood of confusion. The decision also deals with the issue of how, and under which conditions, an earlier trademark may provide vested rights to its owner.
The formation of a new brand safety network that will enable agencies to share information when brands appear next to objectional content has been unveiled by 4A’s. However, a commentator we spoke to had doubts about the impact these efforts will have.
Qatar is currently seeking to reinforce its IP protection regime by providing a stronger legal basis for the protection of customer rights, in addition to improving and organising administrative filing systems. This update examines recent trademark-related developments in the country which reflect the approach taken by the government to achieve these goals.
adidas takes anti-counterfeiting fight to Instagram sellers, highlights enforcement challenge faced by brands
In a lawsuit filed last week on behalf of adidas and Reebok International in the US District Court for the Southern District of Florida, the sports brands took aim at 53 sellers of alleged counterfeit goods on social media and e-commerce sites (ie, eBay.com, Bonanza.com, iOffer.com and Instagram.com). For those not yet monitoring the platform, the action provides a reminder that Instagram should be a part of policing strategies.
WHOIS access charges, NGOs take aim at watch list plans and INTA applauds ‘Brand India’: news round-up
Every Tuesday and Friday, World Trademark Review presents a round-up of news, developments and insights from across the trademark sphere. In our latest edition, we look at a registry’s plans to charge trademark owners for access to WHOIS data, the war of words over the European Commission’s plans for an IP markets watch list and a blow for Apple in the Norwegian courts.
General Court: relevant public's perception of mark on filing date is crucial to assess absolute grounds for refusal
In Safe Skies LLC v EUIPO the General Court has upheld a decision of the EUIPO, rejecting an application for a declaration of invalidity of the mark TSA LOCK. The court found that the applicant had not established that, at the relevant time, the relevant public had associated the capital letters ‘TSA’ with the Transportation Security Administration.
Groundbreaking paper suggests neuroscience could transform trademark strategies both inside and outside the courtroom
A new research paper foresees a future in which brain scans fundamentally transform the current understanding of trademarks. The paper, released last month, predicts that so-called 'neuromarks' a neural map unique to each brand could become crucial sources of evidence in trademark disputes and provide a biological baseline for the basic questions at the heart of trademark law.
For many start-ups, the data they possess is their biggest source of value. These fledgling companies must have a defined strategy for protecting data as both a business asset and an IP right.
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