Analysis: Legal

Cannabis trademarks rocket, but how long will Canada lead the way? – exclusive data analysis

An analysis of Canadian trademark filings illustrates a sharp rise of applications in the cannabis sector; could that spike be replicated in the US in the future?

Cannabis trademarks rocket, but how long will Canada lead the way? – exclusive data analysis
9 Nov 2018

Why Canada’s unexpected trademark reforms are good news for brand owners

Trademark reforms proposed by the Canadian government are positive for brand owners, with mechanisms to tackle trademark squatting and modernised dispute resolution proceedings.

8 Nov 2018

“The role of brand protection is expanding” – technology and security risks causing strategies to evolve

A new study highlights the growing need for brand protection practitioners to work more closely with IT and security departments.

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14 Nov 2018

Should government act as defendant when private party appeals decision to cancel mark?

According to a proposal made by Norway’s Department of Justice in the context of the implementation of Directive 2017/2436, the government would no longer act as the counterparty when a decision to cancel a trademark is appealed to the district court. Read more

12 Nov 2018

Preliminary draft Trademark Act: invalidity and cancellation proceedings

Following the approval of a preliminary draft law partially amending the Spanish Trademark Act in order to incorporate Directive 2015/2436, various consulting bodies have given their opinions on the draft text, highlighting certain aspects which they believed could be improved. Read more

9 Nov 2018

Important changes to Trademarks Act and Rules due January 2019 – what you need to know

The UK Trademarks Act and Rules are due to change following the implementation by the UK Intellectual Property Office of Directive 2015/2436. This update highlights the various changes due to come into effect in January 2019. Read more

7 Nov 2018

New drafts amendments to patent, utility model, design and trademark legislation – what you need to know

The Ukrainian Ministry of Economic Development and Trade has released new draft amendments to the patent, utility model, design and trademark legislation for public review. Read more

7 Nov 2018

Compulsory conundrum: debate surrounds mandatory mediation for IP disputes

The introduction of mandatory mediation in Greece has faced criticism which eventually led to its suspension; a move that has left question marks over whether wider adoption of such a model is viable. Read more

5 Nov 2018

What trademark owners can learn from the Federal Circuit’s Converse decision

We look at the key takeaways from the decision by the US Court of Appeals for the Federal Circuit to throw out the 2016 ITC ruling that Converse’s Chuck Taylor trade dress rights are invalid.  Read more

5 Nov 2018

CONVERSE CHUCK TAYLOR ALL STAR recognised as well-known trademark

The Court of Appeal of Peru has recognised the notoriety of CONVERSE CHUCK TAYLOR ALL STAR, in application of Articles 224 and 136(h) of Andean Community Decision 486. Read more

2 Nov 2018

Development of e-filing in Thailand: benefits of new system explained

Earlier this year Thailand’s Department of Intellectual Property launched a new e-filing system for trademark, patent, design and copyright applications. This update reviews the benefits of using the new e-filing system. Read more

1 Nov 2018

Brazil edges forward with Madrid Protocol, but IP uncertainty follows election of Bolsonaro

With far-right candidate Jair Bolsonaro’s victory in last week’s general election, local experts tell WTR that the new government could “cause complications” for Brazil's accession to the Madrid Protocol. Read more

1 Nov 2018

New option available to reduce time between filing and publication of trademark applications

A new option is available in Colombia to reduce the prosecution time of trademark applications. In certain circumstances, it is now possible to skip the formal examination of the products/services covered by the application prior to its publication. Read more

29 Oct 2018

India: the dawning of a new day

The Indian trademark office has made significant strides in improving its operations, efficiencies and digital efforts over the past 18 months. We look at how these could shape trademark protection in India in the coming years. Read more

26 Oct 2018

Defending the appellation of origin 'pisco' in the world: the Margaret River Winemakers case

Recently, the Peruvian appellation of origin 'pisco' had to be defended in Australia following an application for registration of this denomination by Australian company Margaret River Winemakers.  Read more

26 Oct 2018

A perfect match? How marketing and legal can create a productive partnership

The historical ‘us versus them’ mentality between marketing and legal departments is not an inevitability – with the right approach, the relationship can be productive and mutually beneficial. Read more

24 Oct 2018

Leadership restructuring at the Trademarks, Patents and Designs Registry – key changes highlighted

Nigeria’s Federal Civil Service Commission has created separate offices for the following positions: registrar of trademarks, registrar of patents and designs and director of administration. Read more

23 Oct 2018

GI face-off – debating current geographical indication protections

We bring together two organisations with different perspectives on geographical indications to discuss the best route forward for this unique form of protection. Read more

22 Oct 2018

On the up Down Under – IP Australia lays out ambitious trademark plans

A senior representative from IP Australia reveals to WTR that the office is “exploring emerging technology solutions such as APIs” to ensure it is at the cutting edge of innovation in the years ahead.  Read more

22 Oct 2018

“A problem for any company that operates in the US”: rise in trademark hijacking predicted after USPTO targeted

The USPTO is warning users of attempts to corrupt the US trademark register in an effort to game third-party brand registries. One legal expert tells WTR that the USPTO must urgently review its system security. Read more

19 Oct 2018

Good news for mark owners: recordal of certain changes exempted from payment of official fees

The Peruvian Trademark Office has recently started to apply Article 6(6) of Legislative Decree 1310, which means that the recordal of certain changes is now exempted from the payment of official fees. Read more

19 Oct 2018

China establishes first 'trademark protection office' to assist brands as they go global

A ‘trademark protection office’ has been established in Shanghai to provide local brands with legal support and international know-how – a notable development in the Chinese government's drive to take local brands onto the global stage. Read more

18 Oct 2018

Prioritising trademarks in business: the Nigeria Air saga

The failed launch of Nigeria Air by the country’s federal government shows the importance of securing a trademark registration prior to commencing branding and marketing efforts. Read more

18 Oct 2018

Russia pushing ahead with geographical indications; expert highlights opportunities and pitfalls of draft bill

A draft bill has been introduced in Russia that will establish geographical indications protection in the country. If passed, the law will be a significant win for the producers of region-specific goods. Read more

18 Oct 2018

Can anonymous internet comments be used as evidence in trademark litigation?

While the role of anonymous confusion is still somewhat muddied by inconsistent approaches, parties should be prepared to handle concerns as to relevance, hearsay and authentication. Read more

16 Oct 2018

Significant increase in non-use cancellation actions - what mark owners should know

Owners of marks not currently active in South Korea should take note of data recently published by the Korean Intellectual Property Office, which showed that the number of non-use cancellation actions has significantly increased in recent years. Read more

15 Oct 2018

“A good move for the development of IP on the African continent” – ARIPO, OAPI and WIPO pledge more cooperation

The three organisations have signed an agreement pledging increased technical cooperation, and is a continuation of rising IP collaboration in Africa. Read more

15 Oct 2018

Genericism: is the trademark education video the new norm?

The recent Velcro video was highly successful in generating discussion about the use of the company’s trademark, providing crucial insight into brand communication strategies. Read more

12 Oct 2018

China's Supreme People's Court releases regulations on Internet Courts – key points highlighted

China's Supreme People's Court has promulgated regulations clarifying the jurisdiction of the Beijing, Guangzhou and Hangzhou Internet Courts, as well as various procedural matters pertinent to the adjudication of cases by these courts. Read more

11 Oct 2018

Chief Wahoo has left the stadium but the logo lives on – for legal, not commercial, reasons

The Cleveland Indians’ playoff exit this week also marked the final on-field use of its contentious Chief Wahoo logo. But the team remains under fire over the availability of merchandise bearing the mark. Read more

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