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Our Country Correspondents, leading firms from countries across the globe, take a detailed look at specific topics affecting trademark owners.

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WTR 46

December 2013/January 2014

Non-traditional trademarks

  • Non-traditional trademarks

    Reflecting the current trend towards the use of less conventional signs, the Romanian trademark office is
    open to the registration of non-traditional marks – with certain caveats

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  • Non-traditional trademarks

    Although some non-traditional marks are protectable in Vietnam, there are still concerns about their
    registrability and enforcement

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  • Non-traditional trademarks

    If practitioners can avoid registration refusals based on functionality and lack of distinctiveness, the liberal
    US regime for non-traditional marks provides brand owners with an opportunity to strengthen goodwill

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  • Non-traditional trademarks

    Patent Office practice in relation to non-traditional trademarks has been relatively poor. However, it is
    hoped that within the next few years, things will improve

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  • Non-traditional trademarks

    Non-traditional marks are modern and in vogue, but the possibility of effective enforcement and the ability
    to evidence proper use of a non-traditional mark are questionable in Russia

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  • Non-traditional trademarks

    Non-traditional marks are gaining acceptance in India, and trademark laws and procedures are evolving
    with time. Overall, the future seems promising

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  • Non-traditional trademarks

    Non-traditional marks are afforded protection in Italy, but there are challenges to registration

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  • Non-traditional trademarks

    Although the non-traditional marks realm remains largely unexplored in China, there is a trend towards
    broadening the scope of protection to include such marks

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  • Non-traditional trademarks

    Conflicting views centre on how to represent non-traditional marks graphically so that they can be
    registered with the Turkish Patent Institute

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  • Non-traditional trademarks

    A recent landmark decision, focused on the Carneval biscuit, offers important insight into the treatment of
    product appearance in Finland

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  • Non-traditional trademarks

    Although Mexican law grants protection to some non-traditional marks, it requires updating in order to
    meet modern demands

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  • Non-traditional trademarks

    The requirements to demonstrate distinctiveness at filing, as applied by the Canadian Trademarks Office, pose a significant obstacle to the registration of non-traditional marks

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  • Non-traditional trademarks

    Non-traditional trademarks in Germany have two compounded problem areas compared with traditional
    trademarks

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  • Non-traditional trademarks

    The issues that can arise around non-traditional trademarks are illustrated by high-profile disputes in the
    UK confectionery sector

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WTR 45

October/November 2013

Enforcement and litigation

  • Enforcement and litigation

    It seems that everyone is talking about trademarks in China. Far and away the most common question
    continues to be: is it really possible to enforce trademarks in China?

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  • Enforcement and litigation

    The extraterritorial reach of the Lanham Act is a viable option against foreign infringers, with circuit courts
    showing a trend towards broadening the scope of application

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  • Enforcement and litigation

    A number of factors have to be considered when creating an anti-counterfeiting strategy – but the law is
    there to help

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  • Enforcement and litigation

    Trademark owners enforcing their rights in Turkey should consider the following tips when formulating
    their strategy

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  • Enforcement and litigation

    The Polish legal system offers different tools to protect IP rights – the key is striking the right balance
    between prevention and speedy responses to infringement

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  • Enforcement and litigation

    The enforcement options for trademark owners are constantly evolving. When considering approaches to
    the resolution of a particular problem, rights holders should balance a number of considerations

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  • Enforcement and litigation

    Enforcement of trademark rights online remains a challenge and advertisers would be well advised to
    observe the limits established on the use of keywords by Germany’s Federal Court of Justice

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  • Enforcement and litigation

    Trademark rights can be enforced through prosecution or judicial proceedings, leaving rights owners with
    a number of options to consider

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  • Enforcement and litigation

    Despite the limitations of provisional measures in Mexico, when correctly planned and executed they can
    prove an adequate tool to enforce IP rights

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  • Enforcement and litigation

    A number of options are available to brand owners seeking to enforce their rights in Canada

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  • Enforcement and litigation

    Analysis of recent cases illustrate the effectiveness of the Italian system in the protection of designs, both
    registered and unregistered

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  • Enforcement and litigation

    Working with law enforcement authorities and courts in India can be challenging, but by adopting the right
    approach, clear results can be achieved

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  • Enforcement and litigation

    The establishment of a specialised IP court has the potential to improve significantly both the quality of
    decisions and the way that cases are handled on a practical level

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WTR 44

August/September 2013

Fluid trademarks (including slogans)

WTR 43

June/July 2013

Trademark licensing and ownership issues