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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 80

August/September 2019

Pharmaceutical trademarks

Branding pharmaceuticals: drug naming and non-traditional trademarks

Lewis Roca Rothgerber Christie LLP

There are numerous hurdles to branding a new pharmaceutical. In addition to traditional marks, non-traditional marks offer a route to protection where a drug’s appearance has acquired distinctiveness, but obtaining such registrations is not all plain sailing. read more
EU offers increasingly interesting market for pharmaceutical trademarks

Bugnion SpA

The European Union offers an increasingly interesting market for pharmaceutical companies, thanks to its growing elderly population, above average expenditure on drugs and robust use of branded drugs over generic equivalents. Pharmaceutical trademarks are a crucial element of this. read more
Healing confusion – choosing the correct name for pharmaceutical trademarks

Uhthoff, Gómez Vega & Uhthoff

Similarity among prescription drug names should be avoided, as the potential confusion carries a risk to consumer health. Bringing the best pharmaceutical trademark to market can be arduous, but it will assist in the safe prescription of medication. read more
Infrequent pharmaceutical disputes have far-reaching consequences in Malaysia

Henry Goh & Co

While disputes over pharmaceutical trademarks are few and far between, decisions can have a significant effect on product manufacturing and public health. read more
Naming, registering and advertising pharmaceutical trademarks in Russia

Gorodissky & Partners

The pharmaceutical industry is a high-tech development priority and pharmaceutical production must happen alongside the development of an appropriate IP protection strategy. Pharmaceutical trademarks owners would be well advised to consider any issues in the context of the Russian market. read more
Restrictions and conflicts – challenges faced by pharmaceutical trademarks in China

Kangxin Partners PC

Pharmaceutical products play a key role in public healthcare. As a result, the protection of pharmaceutical trademarks is fraught with unique challenges, particularly when it comes to a pharmaceutical product’s name and generic name. read more

WTR 79

June/July 2019

Non-traditional trademarks

Can you trademark sounds, smells, colours, motions and flavours?

Lewis Roca Rothgerber Christie LLP

Trademarks are much more than a logo used to identify a brand. Non-traditional trademarks using sounds, colours and shapes have exploded onto the scene, bringing notoriety to many a business and brand. read more
Colour marks gain popularity in Russia

Gorodissky & Partners

Colour trademarks are growing in popularity in Russia. However, to ensure their registration, the colour in question must be capable of sufficiently distinguishing the product or service and its origin. read more
Focusing on trade dress in the European Union

Bugnion SpA

As the use of distinctive and non-traditional signs continues to evolve, EU legislation now allows for objects, actions and patterns, among others, to be registered as trademarks, with a key focus on trade dress. read more
Protecting fashion and cultural expressions

Uhthoff, Gómez Vega & Uhthoff SC

Protecting the knowledge and traditional cultural expressions of different cultures and indigenous communities is a complex task. Opinions are divided, but one route may involve IP rights to protect traditional forms of innovation and creativity. read more
Protection for non-traditional trademarks lags behind in China

Kangxin Partners PC

Although China recognises non-traditional marks, it is still rare for them to secure protection. Nevertheless, the situation and the market are improving and applicants will one day be able to effectively protect their rights in all types of trademark in China. read more

WTR 78

April/May 2019

Jurisdictional challenges for financial and professional services brands

All in the name: 101 ways to avoid having a weak mark

Bugnion SpA

Until recently, Italian banks traditionally had highly descriptive names but fell victim to the inherent weakness of those names as trademarks. Banks are now seeking more distinctive names to improve their image and strengthen their brand. read more
Challenge, reform and opportunity for Mexican business – a legal perspective

Uhthoff, Gómez Vega & Uhthoff SC

Mexico’s unique business position makes it an attractive investment location. While this brings challenges, it also signals opportunity with the reform of the Industrial Property Law. read more
Financial brand protection: it is about the money

Kangxin Partners

Financial companies must balance what is distinctive and recognisable in a brand with what is descriptive and easy to understand. Moreover, defensive registrations can provide greater protection against brand damage. read more
Protect and enforce IP rights or risk wasting brand investment

Gorodissky & Partners

Brand registration alone is insufficient. Financial and professional services need to take a realistic view of the unauthorised use of brands and ensure that their trademarks are not diluted and abused. read more
The digital revolution and the future of India’s financial service brands

RNA, Technology and IP Attorneys

India's banks operate in one of the world's most active fintech markets. As fraudsters try to take advantage, financial companies must be ready to stop brand infringement. read more

WTR 77

February/March 2019

Top trademark challenges

A call for change – trademark protection in Italy looks set to transform

Bugnion SpA

There is a need for change in Italy’s IP sector thanks to attempts to harmonise the national trademark regulations of EU member states and the global increase in technological innovation and online activity. read more
IP India report reveals that Trademarks Registry has more work to do

RNA, Technology and IP Attorneys

The Trademarks Registry has made substantial progress to clear the backlog of opposition cases. Nevertheless, with fierce competition among emerging economies, there is more to be done. read more
Mexican trademark registrations under Madrid System – convenient solution, but no guarantee

Uhthoff, Gómez Vega & Uhthoff

The Madrid System can be used as a simple solution for registering trademarks worldwide. However, it does not guarantee that a trademark will be accepted in all designated countries. read more
New court decisions provide fresh wisdom on trademarks in Russia

Gorodissky & Partners

Three recent cases look set to shake up trademark practice in Russia and could well have an impact for years to come – especially when it comes to parallel imports and the territorial principles of trademark protection. read more
Practical tips for battling bad-faith filers in China

Kangxin Partners

Bad-faith filings are a major challenge in China; however, there are a number of tools available until further trademark regulation comes into force. read more
The intersection between trademarks and labelling laws: as illustrated by the Canadian food and cannabis industries

Bereskin & Parr LLP

There are many Canadian trademark laws, regulations and statutes regarding selection, labelling and advertising in the food and recreational cannabis industries – all of which affect long-term branding rights and enforcement. read more
Weeding out trademark infringers

Lewis Roca Rothgerber Christie LLP

For years the marijuana industry was an underground business, posing little threat to trademarks. But the recent ‘green explosion’ means that trademark owners must enforce their rights or risk their reputations. read more