Analysis: Legal

The positive placebo effects of high-performance brand reputation revealed

A recent study has brought to light new research revealing that trademarks with a performance-enhancing reputation have a positive placebo effect on consumers – the author telling WTR that the findings help challenge the assumption that consumers lose when they pay extra for a high-prestige brand.

The positive placebo effects of high-performance brand reputation revealed
5 Nov 2019

Tencent mounts defence of WeChat brand protection efforts, but key numbers not yet public

Tencent Holdings’ general counsel has submitted a rebuttal to criticism of the company’s brand protection activities on its WeChat platform, arguing that inclusion on the Office of the US Trade Representative’s next notorious markets list would be “unwarranted”. The document sheds light on how the company is approaching its anti-counterfeiting efforts.

29 Oct 2019

Groundbreaking research reveals significant risks in AI analysis of trademark registers

A new study looking at how AI is used by IP offices warns that “the seductive appeal of the all-seeing algorithm should be resisted” due to current limitations.

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13 Nov 2019

New rules on foreign-language trademarks cause confusion

Presidential Regulation 63/2019 recently provided more specificity concerning the mandatory use of Indonesian language in certain contexts under Law 24/2009. However, the effects for Indonesian businesses and brands may be huge. Read more

31 Oct 2019

China releases new measures to regulate bad-faith applications

China has intensified the crackdown on bad-faith applications by introducing the “Measures on Regulating Bad-Faith Trademark Applications”, in line with the newly amended Trademark Law. The new measures will come into effect on 1 December 2019. Read more

29 Oct 2019

Venezuela’s National Telecommunications Commission publishes first official domain name regulation

The National Telecommunications Commission has issued the Administrative Regulation for the National Plan for ‘.ve’ Domain Names, the first national regulation on domain names in Venezuela. Read more

28 Oct 2019

Havarti cheese backlash highlights controversial and emotive nature of geographical indications

Last week, the European Commission entered the name ‘Havarti’ onto the register of protected geographical indications. The ensuing backlash serves as a microcosm of the emotive political discourse that surrounds this form of IP protection. Read more

28 Oct 2019

INDECOPI publishes draft guide for influencers

Due to the development of social media advertising in recent years, the Peruvian National Institute for the Defence of Competition and Intellectual Property has published a draft guide for influencers. Read more

25 Oct 2019

Good news for trademark owners and practitioners: new tribunal for opposition matters inaugurated

A new tribunal has recently been inaugurated with a view to accelerating opposition proceedings in Nigeria. Read more

24 Oct 2019

The Trump Trademarks: the 'America first' president's truly global IP portfolio revealed

An exclusive WTR investigation reveals, for the first time, an estimated trademark portfolio of US president Donald Trump and his family. It finds applications in all four corners of the globe, with the activity described as “unprecedented”. Read more

24 Oct 2019

Legal uncertainty warning after court confirms cancellation of Rubik’s Cube EU trademark

The General Court has today confirmed the cancellation of the EU trademark consisting of the shape of the Rubik’s Cube, finding that the essential characteristics of the shape are necessary to obtain a technical result; therefore it could not be registered. Read more

22 Oct 2019

Applicants, agencies and IP authorities under scrutiny as China steps up fight against bad-faith filings

China’s State Administration for Market Regulation has released new provisions on the regulation of trademark applications, expanding on how bad-faith filings will be defined and tackled. Read more

22 Oct 2019

Are major brands stealing expressions of folklore in Mexico?

News outlets have focused on the use of expressions of folklore by fashion brands. In this guest post, a local expert argues that, with companies currently operating on the right side of the law, protecting these expressions against misuse belongs to the state. Read more

18 Oct 2019

Brazil’s accession to the Madrid Protocol – what you need to know

Following the coming into force of the Madrid Protocol in Brazil on 2 October 2019, this update reviews the key aspects that foreign legal entities and individuals seeking to file applications designating Brazil should take into consideration. Read more

17 Oct 2019

UK government steps up efforts to encourage IP-backed lending, but challenges must be overcome

Inngot has announced it is staffing up following two research project commissions from UK government organisations related to the stimulation of IP-backed lending. We look at the challenges ahead. Read more

17 Oct 2019

Patent and Trademark Office issues new guidelines for examination of trademark applications

Following the entry into force of the Industrial Property Code on 10 January 2017, the Turkish Patent and Trademark Office has announced the issuance of long-awaited new guidelines for the examination of trademark applications. Read more

17 Oct 2019

The Sky v Skykick opinion: what it could mean for trademark professionals

Advocate General Tanchev has handed down his opinion in the highly anticipated Sky v Skykick case. If the opinion is followed by the CJEU, market experts predict that the enforcement of existing trademark registrations could become riskier, while application strategies would have to be reviewed. Read more

16 Oct 2019

USPTO fee rises: registry bombarded with letters from graphic designers and small business owners

The USPTO has received hundreds of letters in relation to its proposal to change various trademark fees. Many originate from the Trademark Watch Dawgs group, although one attorney claims that it is the result of an astroturfing campaign. Read more

15 Oct 2019

Broader protection for GIs used on agricultural products

Recently published regulations in South Africa make provision for the registration of GIs that identify agricultural products as originating in South Africa or in a foreign country.   Read more

10 Oct 2019

Vietnam joins the Hague System

On 30 September 2019 Vietnam presented its instrument of accession to the Hague System to WIPO. Vietnam is now a member of all three international registration systems, in addition to the PCT system for patents and the Madrid system for trademarks. Read more

4 Oct 2019

Serbia’s draft Trademark Law – what you need to know

The Intellectual Property Office of the Republic of Serbia has prepared a draft Trademark Law which aims to further harmonise Serbian trademark legislation with that of the European Union. This update highlights the key points of interest for trademark owners. Read more

3 Oct 2019

General Department of Customs strengthens border control to tackle fraud related to origin of goods

The General Department of Vietnam Customs has issued Official Letter No 5189/TCHQ-GSQL, which gives strict directions to customs departments at both the central and provincial level to inspect and control imported and exported goods. Read more

1 Oct 2019

A tale of two flags: who owns the right to use?

The Australian government is considering whether to compulsorily acquire the rights to use the Aboriginal flag on public policy grounds. The debate raises questions over whether similar moves could occur in other jurisdictions. Read more

1 Oct 2019

Beer wars and false advertising: the challenges of obtaining preliminary injunctive relief

A dispute involving Bud Light’s Super Bowl advertising provides important insight into the handling of preliminary injunctions. Read more

1 Oct 2019

Brazil accedes to the Madrid Protocol: an inside story – and what happens next?

Heralded as a breakthrough, Brazil’s accession to the Madrid Protocol is a landmark development for the international trademark system. We take a closer look at this move and the lessons that can be learnt from it. Read more

1 Oct 2019

US law inches towards protecting trademark reputation without use

Two US Court of Appeals opinions have created the possibility that a plaintiff could bring a passing-off action based on use of its trademark outside of the United States only – a powerful new tool for challenging infringers that are first to use the trademark in the United States. Read more

1 Oct 2019

Turning the tide: how China is fighting back against malicious filings

Amendments to China’s Trademark Law are due to take effect on 1 November 2019. The changes should aid the authorities in their bid to crack down on malicious filings and trademark hoarding. Read more

1 Oct 2019

Colour marks: still a grey area?

Colour marks remain difficult to obtain, but brand owners can take certain steps to enhance their chances of success. Read more

1 Oct 2019

EU design strategies: maximising the chances of enforcement success

Registered Community designs have been enforced with varying success. However, several steps are available to maximise the scope of the protected design, making it easier to combat infringers. Read more

1 Oct 2019

Why trademarks – and trademark attorneys – are a key part of M&A

With M&A activity on the rise, trademark professionals need to conduct a number of key checks. The first step, though, is to ensure that they are involved at the outset. Read more

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Find an expert

Isabella Cardozo
Head of Trademarks
Rio de Janeiro, Brazil
Daniel Law