Features
A new Civil Procedure Code – due to come into force in March – should finally tackle Brazil’s crippling judicial backlog, which affects all legal proceedings, including trademark and related matters. However, there remains fierce opposition to the code
Luiz Edgard Montaury Pimenta and Matheus Gil do Amaral
From examining the likelihood of winning on summary judgment to knowing when an injunction is likely to issue, a data-centric approach is a valuable supplement to traditional legal research and the wisdom of personal experience
Brian Howard
While selective distribution can be an excellent option for luxury brand owners, allowing them to control how their products are sold within a certain territory, there are potential clashes with competition law, particularly within the European Union
Annabelle Gauberti
Proper due diligence on the part of both seller and purchaser is crucial when it comes to any acquisition. While sometimes costly, good housekeeping is essential for effective brand management and enforcement
Trademark professionals and IP association representatives from around the world highlight some of the most significant issues of 2015 and what to watch out for in 2016
Tim Lince
While coexistence and consent agreements can be useful tools for protecting trademarks and avoiding litigation, parties entering into them must draft them with great care and be mindful of the potential pitfalls
Alicia Grahn Jones and Zach Eyster
Important changes in 2015 for trademarks at the US Patent and Trademark Office include a large filing increase, trademark fee reductions, the launch of courtesy email reminders for post-registration deadlines and the release of a new ID manual
Mary Boney Denison
Some recent high-profile cases highlight that the final say on whether a trademark will be granted or refused still rests with the government. However, it is not always possible to predict which way things will go
Relani Belous
On October 29 2015 World Trademark Review hosted a conference on Managing the Trademark Asset Lifecycle in New York. The corporate profile of trademarks, brand valuations and potential new revenue streams for law firms were just a few of the issues discussed
Based on feedback from key figures across the trademark community, World Trademark Review presents some of the most useful online tools that can be used by counsel to streamline daily workflows
Phishing is a fact of life in the online world and a growing concern for brand owners, given that many phishers impersonate well-known brands and trademarks in order to gain the trust of their targets
Stefanie Ellis and Akino Chikada
In many countries people or even companies have a defence to trademark infringement when using their own names. In this article Baker & McKenzie’s global IP team outlines where an own name defence exists and whether this extends to company names
Baker & McKenzie’s global IP team
While various laws govern advertising in India – including ads that can be said to be misleading or even to constitute an unfair trade practice – as well as an impressive body of case law, the sector can be bewildering for new entrants
Sabia Tramboo
While recent cost-cutting initiatives may be behind the US Patent and Trademark Office actively steering ex parte appeals of dissatisfied applicants away from federal district court, where does this leave those who are still pursuing a registration?
H David Starr and Howard W Kline
China’s luxury goods market is slowing as a result of anti-corruption measures and shifting consumer preferences. But what do these changing dynamics mean for brand strategies and enforcement trends?
Columns
A distinctive trademark can be key to a product’s success. Yet while distinctiveness and trademarks are concepts that should not be separated, unfortunately this still happens all too frequently
Antonio Donatlan
Hashtags and emojis – both popular ways to express ideas and emotions – are everywhere. Unsurprisingly, businesses are looking to get in on the act by using and registering them as trademarks, but they do not always find the process to be straightforward or risk free
Ryan Ghiselli and Joel Karni Schmidt
Trademark-related quotes, opinions and observations from around the globe
Country Correspondent
China
Kangxin Partners PC
There are many options for enforcing your trademark rights in China, but it is critical to develop a smart strategy
Brandy E Baker
United States of America
Lewis Roca Rothgerber Christie LLP
The recent Supreme Court decision in B&B Hardware, Inc v Hargis Industries, Inc has a number of implications for brand owners
Sean Garrison and Shane Olafson
Romania
Vilau I Associates
Trademark rights can be enforced through administrative or judicial proceedings in Romania, providing rights holders with flexibility
Dragos M Vilau
United Kingdom
Marks & Clerk Solicitors
If a case is framed appropriately, the Intellectual Property Enterprise Court can offer an efficient procedure for pursuing infringers
Claire Mackey
Turkey
Kenaroğlu Intellectual Property
Despite a comprehensive legal regime, rights holders still face difficulties when it comes to combating counterfeiting in Turkey
Ayşe Kübra Özreisoğlu and Yasemin Kenaroğlu
India
RNA Intellectual Property Attorneys
As India removes policy barriers to make it easier to do business, rights holders need to adapt strategies to take advantage of the changes occurring at macro and micro levels
Ranjan Narula and Daleep Kumar
Canada
Bereskin & Parr LLP
Two recent decisions show Canadian courts grappling with trademark concepts such as ‘use’ and ‘confusion’ in the online context
François Larose and Mark L Robbins
Italy
Bugnion SpA
Protection for geographical indications and designations of origin is highly effective in Italy, especially when it comes to collective trademarks
Nicoletta Colombo and Donatella Prandin
Mexico
Uhthoff, Gómez Vega & Uhthoff
While preliminary measures are available to rights holders, Article 199bis(1) defeats their goal and contravenes the principles of IP rights protection
Ernesto M Meade and Silvana Sosa
