Market Insight

Updates from an international team of correspondents who report on recent developments in trademark law and practice in their home jurisdictions, as well as strategic issues and those relating to brand protection, portfolio management and value creation.

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Poland

New 02 FEBRUARY 2023

Patent Office’s e-platform is a hit with target audience

Three years since its debut, analysis of user rates clearly shows that the electronic services platform – a pivotal part of the office’s push for digitisation – continues to develop and help resolve users’ IP issues.

12 JANUARY 2023

Non-traditional trademarks in Poland under the amended regime

Poland dropped the graphical representation requirement for trademark applications nearly four years ago. Close examination of the numbers reveals the impact that this has had on the number - and type - of applications for non-traditional marks.

03 NOVEMBER 2022

Appeal court clarifies when to seek an expert witness in litigation

A recent case has sparked debate about when to request the opinion of an expert witness to help assess the risk of confusion. Some argue that this undermines the judge and prolongs cases, while others insist that it provides necessary insight.

Switzerland

26 JANUARY 2023

How to protect trademarks against non-use effects in Switzerland

Understanding Switzerland’s particular trademark use requirements is crucial for rights holders developing their protection and defence strategies and for applicants hoping to secure their marks.

21 OCTOBER 2021

Swiss authorities relax examination practices for trademarks featuring a place name

With exceptions, it will no longer be a prerequisite to limit goods and services to their geographical origin for trademarks containing an indication of source. The Swiss Federal Institute of Intellectual Property appears to be becoming more flexible, aligning its approach with that of the European Union.

14 OCTOBER 2021

Trademark use requirements in Switzerland – what you need to know

The Swiss legislative landscape is strict when it comes to trademark use. Trademark owners can learn valuable lessons for putting together a protection strategy from past cases; use is at the heart of this, however this is complemented by specific knowledge of the jurisdiction, regarding territory, grace periods and partial use.

Western Balkans

11 JANUARY 2023

Key differences between trademark regimes in Serbia, and Bosnia and Herzegovina

While the respective trademark regimes of the former Yugoslavian countries of Serbia, and Bosnia and Herzegovina share certain features, they each have essential distinctions which international brand owners should have on their radars.

08 DECEMBER 2022

Key differences between trademark regimes in Slovenia and Croatia

While the trademark regimes of jurisdictions in the former Yugoslavia share certain features in common, they each have important distinctions, which international brand owners should have firmly on their radars.

27 OCTOBER 2022

Striking the balance between consumer protection and IP rights

The Serbian IP Office currently takes a strong position on similar marks, disallowing letters of consent, even though the law is unclear on this point. This stance has created a challenging environment for trademark owners while providing little extra benefit for consumers.

India

15 DECEMBER 2022

WIPO Indicators and EAC report show India’s trademark landscape is in excellent health

The growth of the IP sector is pivotal to India's ascension as an economic superpower. Recent data demonstrates a highly encouraging boom in Indian trademark filings, however, the country now faces challenges in expanding its capacity to process applications.

10 NOVEMBER 2022

“Food, glorious food”: cooking up trademark rights in India

No law currently outlines protection of culinary intellectual property in India, so restaurants and chefs must instead rely on two palatable alternatives to enforce their IP rights.

13 OCTOBER 2022

Delhi High Court finds KHADI and charkha logo marks to be well known

Over the last few months the Khadi & Village Industries Commission has won multiple successes before the Delhi High Court enforcing its rights to the KHADI mark, including an award of Rs1 million and costs of Rs200,000 following an infringement claim.

Taiwan

15 DECEMBER 2022

Trademarks in Taiwan incorporating geographical indications face two-fold challenge

A recent SAC ruling has poured cold water on the use of geographical names in Taiwanese trademarks. Future applicants may need to work much harder to prove that their marks are distinct and avoid misdescription - throwing the popular use of such trademarks into question.

01 DECEMBER 2022

Taiwan's trademark certificates to go digital from January 2023

As part of ongoing efforts to reduce its environmental footprint and modernise its application process, TIPO is overhauling how it issues trademark and patent certificates from early next year.

20 OCTOBER 2022

Supreme Court rules against trademark squatting and abuse

A fresh case from the Taiwan Supreme Court addresses the issue of how one should defend against a trademark squatter in an infringement suit where the bad-faith registration has become incontestable and the mark at issue is not famous.

Turkey

10 NOVEMBER 2022

Turkish trademark office indicates it will begin accepting cancellation requests from 2024

With 13 months to go, excitement is brewing around the long-awaited implementation of a 2017 proposal for cancellation requests to be heard centrally at the Turkish Patent and Trademark Office instead of at the local level.

14 JULY 2022

TÜRKPATENT now a participating office in WIPO’s Digital Access Service

At the request of applicants, trademark filers in Turkey will be saved from tedious admin work as the country’s IP office can now exchange priority documents electronically with other participating offices.

07 JULY 2022

Netflix animated ident logo becomes the first multimedia mark to be registered in Turkey

IP legislation that came into effect in 2017 broadened the criteria for aspects of signs that can be registered as trademarks. With Turkey’s IP office leading the way by recently granting non-conventional marks to Netflix, multimedia marks are expected to feature widely in the country’s IP landscape.

Scandinavia

10 NOVEMBER 2022

Legislators propose targeting commercial image manipulation in Denmark

Entertainment, marketing and brand management professionals are bracing for impact as legislators propose full disclosure of photo enhancement for commercial use.

01 SEPTEMBER 2022

Commercial use of copyrights and the impact of working relationships on licensing negotiations

Compensation for alleged unauthorised use and sublicensing to third parties without compensation to the rights holder creates IP conundrum.

09 JUNE 2022

Scandinavian music streaming success is losing out to NFT sales

Musicians are increasingly entering the metaverse to distribute their work, using NFTs as the vehicle for doing so. With huge money involved, the music industry may be at the forefront of a new era, and IP and entertainment lawyers will need to be on their toes.

Belgium

31 MARCH 2022

More than a wine label when prestige is at stake

When a trademark achieves a reputation, owners can claim broader protection on goods and services not designated by their original registration. However, such brands also attract counterfeiters, which as the recent infringement of the PETUS mark shows, can damage reputation.

China

02 SEPTEMBER 2021

Why three-year non-use cancellations have been hit so hard by evidence forgery

In a recent decision cancelling a registered trademark, a registrant forged invoices forming a chain of false evidence in an attempt to maintain ownership of a mark. The case highlights that forgery is relatively common in three-year non-use cancellation, with the costs low and inspection by authorities difficult.

22 JULY 2021

How to empower Chinese customs authorities

In the third and final instalment of a series on vital lessons to strengthen brand protection in China, we look at the General Administration of Customs’ new training programme.

15 JULY 2021

How to detect and capture infringing goods in China

In the second instalment of this series on effective brand protection strategies, we examine the different types of action that can be requested to monitor and seize counterfeit products.

Canada

03 JUNE 2021

The burdens of popularity – Canadian examination times and new office practices

The first of a two-part article examining the Canadian Intellectual Property Office’s latest steps to address its ongoing backlog of applications examines recent practice notices aimed at increasing the speed and efficiency of domestic application examination.

19 NOVEMBER 2020

Bricks and mortar or is online in order? Federal Court of Appeal checks in to trademark use and hotel services

The Federal Court of Appeal has handed down its decision in Miller Thomson v Hilton Worldwide Holding LLP, which relates to a non-use cancellation proceeding against the WALDORF-ASTORIA mark. The decision helps clarify what it means to provide hotel and motel services in Canada.

12 NOVEMBER 2020

EMPOWER-ing trademark infringement claims against public authorities

A recent case demonstrates that public authorities can be held liable for trademark infringement, even where they have obtained protection for an official mark.

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