IP offices and government

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Lowering the bar for genercide from “clear evidence” to “reasonable basis”

In light of a lower bar to genericness of brand names, we can expect an increase in genericide refusals and affirmed TTAB proceedings, and, potentially, an uptick in litigation disputes.

25 August 2022

Unprecedented flood of infringement: study reveals hundreds of opportunistic filings in Russia as foreign brands targeted

A major new study has identified nearly 500 trademark applications filed in Russia that are identical or similar to famous foreign brands.

24 August 2022

Disney prevails in Evel Knievel case; USPTO seeks volunteers; Miniso apologises for Japanese branding – news digest

In our latest round-up, we look at Indian law enforcement being notified of counterfeiters in Srinagar, how 85% of Chinese consumers pay attention to genuine trademarks, and much more.

23 August 2022

New resolution on coexistence of trademarks within the same business group

National Trademark Office of Colombia issues resolution, permitting the coexisting registration of similar trademarks for commercially related products or services, in the name of companies belonging to the same business group

23 August 2022

CIPO fee increase only welcome if services improve, users say

The Canadian IP Office’s proposal to increase service fees by 25% has received mixed reviews among users desperate for quicker services but worried about deterring foreign clients.

22 August 2022

For the first time, Federal Court considers statutory bad faith as grounds for expungement of a trademark

A trademark has been invalidated after restaurant owners opening locations in Canada ― who refused to purchase the mark for CAD $1.5 million from the registrant ― bring legal action.

22 August 2022

KIPO adopts new Virtual Goods Examination Guidelines

The guidelines provide strong recommendations for brand owners to file new marks for virtual goods corresponding to real world goods/services as soon as possible

19 August 2022

Delhi Court overturns examiner’s ruling on distinctiveness

The Delhi High Court has held, on appeal, that the HEALTHSKOOL mark is sufficiently distinctive due to prior use and promotion. As a result of this decision the application may now proceed to advertisement in the Trademark Journal.

19 August 2022

New law on e-commerce obliges platforms to remove infringing content

On 1 January 2023 a new law will come into effect in Turkey, obliging sites to take down content upon receipt of a legitimate complaint by IP rights holders.

18 August 2022

Question marks over USPTO verification requirement after claim “nothing has been implemented”

It has been claimed that unverified account users can still file trademark applications on the USPTO platform, despite the agency claiming ID was required from 6 August 2022.

17 August 2022

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