Analysis: Legal

How should authors utilise trademarks to protect their literary works: the US perspective

How should literary authors be proactively protecting themselves through trademark rights? In this two part series, WTR spoke to a handful of legal experts to find out – kicking off with the US perspective.

How should authors utilise trademarks to protect their literary works: the US perspective
How should authors utilise trademarks to protect their literary works: the European perspective
7 Aug 2020

How should authors utilise trademarks to protect their literary works: the European perspective

In the second of this two-part piece, we speak to legal experts to explore the role that trademarks could play in the fight against book piracy in Europe.

The six signs of an accomplished leader
6 Aug 2020

The six signs of an accomplished leader

WTR’s trademark elite underscore the hallmarks of effective leadership by identifying the key characteristics of any inspiring captain of the helm – including having an eye for talent, giving others a platform and being open to new ideas.

Latest

View all
7 Aug 2020

China solicits public comment on draft “Opinions on Strengthening the Destruction of Pirated and Counterfeit Goods”

The draft “Opinions on Strengthening the Destruction of Pirated and Counterfeit Goods”, published in June 2020, are expected to greatly improve the status quo in China but seem to leave little leeway to IP owners keen to engage with the authorities. Read more

5 Aug 2020

China ranks third globally for Madrid filings as applications rise: the story behind the trends

With Madrid trademark filings in China increasing by 36% year on year, we take a deep dive into the key trends and takeaways on such a significant rise. Read more

4 Aug 2020

“A step in the right direction”: CBP ruling on small consignments set to strengthen anti-counterfeiting toolkit

US Customs and Border Protection has issued an administrative ruling clarifying the duty-free exemption status of certain low-value shipments sent to US fulfilment centres and domestic warehouses. Read more

28 Jul 2020

Brexit: UKIPO launches consultation to protect UK attorneys in change to address rules

The UK Intellectual Property Office has launched a public consultation with regard to a proposed change to its address for service rules, to be implemented once the Brexit transition period ends. Read more

27 Jul 2020

Colour trademarks in Japan: Hitachi decision highlights obstacles for brands

A recent decision at the Japan IP High Court has shone a spotlight on the difficulty of obtaining registered trademark protection for non-traditional marks in Japan. Read more

27 Jul 2020

Fraud, filings and fee rises – new USPTO trademark commissioner shares ongoing challenges and opportunities

The USPTO has hosted its second-ever virtual Trademark Public Advisory Committee meeting, with new trademark commissioner David Gooder revealing the “encouraging” recovery of trademark filings. Read more

27 Jul 2020

Amendments to the Trademarks Law 84/1998 - key points highlighted

Amendments to the Trademarks Law (84/1998) entered into force on 13 July 2020, transposing the provisions of the Trademarks Directive (2015/243) into national legislation. This update highlights the most significant changes for trademark owners and practitioners. Read more

24 Jul 2020

Series of legal and policy developments in China set to significantly affect brand enforcement efforts

Following its promise in 2019 to strengthen IP rights protection, the Chinese government has taken a series of policy and legal steps in the first half of 2020. Read more

24 Jul 2020

Trademarking national symbols in Costa Rica – what you need to know

An opinion issued by the Attorney General’s Office concludes that the Legislative Assembly is the competent authority to authorise the use of national symbols in trademarks. However, it falls short of detailing the relevant procedure for obtaining such authorisation. Read more

23 Jul 2020

What does ‘the new normal’ mean for trademark owners?

In facing ‘the new normal’, brand owners may have to consider broadening the scope of protection of some existing trademarks to cater for changes in consumer behaviour or new lines of business ventured into. Read more

22 Jul 2020

Call for government to do more on brand misuse and ad fraud on social media as report reveals scale of problem

A new report has revealed the extent of fraudulent and infringing advertisements on social media platforms targeting major brands, providing an action plan to clamp down on illicit activity. Read more

22 Jul 2020

CORONIL trademark bid dealt a blow by the courts, but the fight is far from over

Although some expected an opposition due to CORONIL misleading the public as a cure for covid-19, the order is the result of another mark claiming priority. Read more

22 Jul 2020

Trademarks (Amendment) Ordinance 2020 – changes to embrace and changes to beware of

The Trademarks (Amendment) Ordinance 2020 was published in the Government Gazette on 19 June 2020, providing a basis in Hong Kong law for the application of the Madrid Protocol in Hong Kong. Read more

21 Jul 2020

Trinidad and Tobago’s Trademarks Act 2015 surprises practitioners five years later

Considering that Trinidad and Tobago’s Trademarks Act 2015 had been waiting more than five years to be implemented, it caught many by surprise when the country’s president proclaimed that the act would become immediately operative on 25 June 2020. Read more

20 Jul 2020

“Everything has returned to normal” – China trademark filings increase in first half of 2020

As the China National IP Administration reports “a stable trend” in IP development during the first half of 2020, WTR takes a closer look at what the data reveals about the current IP environment in China. Read more

20 Jul 2020

Food and beverage industry the new brand restrictions battleground as calls for action escalate

The food industry is fast becoming the focus of brand restrictions, with new calls for action against unhealthy foods in the United Kingdom and concern over Mexico’s new labelling regime culminating in a missive from INTA last week. Read more

20 Jul 2020

Good news for brand owners as Denmark introduces Product and Market Surveillance Law

In a boost for brand owners, the Danish Parliament has passed the Product and Market Surveillance Law, which provides increased powers to the authorities to take action against online retailers. Read more

16 Jul 2020

“Worrying for brand owners” – groundbreaking study finds disparities in trademark examiner determinations

New research has found “meaningful variation” in the trademark registration rates, publication rates and speed of trademark examining attorneys at the USPTO. Read more

16 Jul 2020

A connected world: learnings from the first internationally linked trademark database

In an exclusive guest post, academics in Australia share findings from their new study into the first database that links equivalent trademarks across national offices into a single comprehensive offering. Read more

15 Jul 2020

Call for New Zealand intellectual property framework to incorporate Māori rights

Lynell Tuffery Huria discusses the need for Māori traditions and cultural expressions to be protected by New Zealand’s intellectual property laws. Read more

15 Jul 2020

Poland introduces specialised IP courts and new types of court action

A new act amending the Civil Procedure Code and other relevant acts entered into force in Poland on 1 July 2020, introducing specialised IP courts as well as new types of IP-related court action. Read more

13 Jul 2020

Challenges in Canada: how CIPO is tackling a backlog caused by covid-19, legislative change and Madrid

In exclusive comments to WTR, the Canadian IP Office (CIPO) has revealed the factors that have led to lengthy examination timeframes. However, efforts are being made to speed up examinations. Read more

13 Jul 2020

Proposed changes to the industrial property law – what you need to know

Albania’s General Directorate of Industrial Property has published proposed amendments to the Law on Industrial Property for public consultation. This update reviews the key proposals that IP rights owners and practitioners should be aware of. Read more

9 Jul 2020

A tale of conflicting data sets: filing and litigation statistics paint a contrasting picture of the US trademark landscape

The latest data reveals that the US litigation filings slump continued through the second quarter. While litigation levels are set for a multi-year low, in contrast, filing levels have increased. Read more

9 Jul 2020

Ferrari partially loses iconic mark as EUIPO’s non-use requirement claims latest victim

Just 39 250 GTOs were built between 1962 and 1964, opening the brand up to a non-use opposition at the EUIPO. Read more

8 Jul 2020

New specialised IP courts in Poland should make EU and domestic case law consistent

Five specialised IP courts open this month but question marks remain over staffing and training. Read more

8 Jul 2020

Beijing Higher People's Court issues new guidelines for assessment of damages in IP cases

The Guiding Opinion issued by the Beijing Higher People’s Court on 21 April 2020 should provide valuable guidance to IP rights holders when seeking damages from infringers. Read more

View all

Find an expert

Lucy Walker
Partner
Birmingham, United Kingdom
Barker Brettell LLP