Monday, 17 January 2022
MANUKA HONEY certification mark comes unstuck at the UKIPO
The decision is a blow to New Zealand producers of Manuka honey.
Legal reforms in the UAE: what does this mean for brand owners?
The United Arab Emirates has formally approved some of the most extensive legal reforms ever seen in the country, which include major changes in the IP space.
Friday, 14 January 2022
No trademark or unfair competition law protection for traditional Oslo restaurant’s name and logo, confirms Supreme Court
This is the second of two Norwegian Supreme Court decisions handed down on the same day dealing with the relationship between trademark law and unfair competition law.
Russia to join Geneva Act of Lisbon Agreement, further integrating into global IP system
The move is expected to have significant protection benefits for local and international brands.
Thursday, 13 January 2022
CNIPA’s Criteria for Determination of General Trademark Violations: key points, concerns and missed opportunities
The criteria, listed in 35 articles, define in detail the various types of trademark offences, with the exception of trademark infringement.
‘Cacao de Caripito’ protected as a geographical indication by the Venezuelan state
‘Cacao de Caripito’ is the second protected geographical indication granted to a Venezuelan product in 2021. This follows the establishment of a new procedure for the granting of geographical indications at the end of the previous year.
Wednesday, 12 January 2022
Delhi High Court: invisible use of trademark as keyword in Google AdWord amounts to use and infringement
This decision of the Delhi High Court deals a major blow to Google, which may have to rethink its Google Ads programme.
Evidence of targeting is not merely a plus
A UDRP panel has refused to order the transfer of the domain name ‘sohoplus.com’ to the owner of the mark SOHOPLUS - not least because the domain name was registered several years before the complainant’s first use of the term.
Tuesday, 11 January 2022
Cancellation case provides warning to appellants to the General Court
The case serves as a reminder that, where a decision is based on several pillars of reasoning, each of which is sufficient to justify its operative part, it is not possible to justify the annulment of the decision based only on one pillar.
OAPI: widespread changes come into effect
Changes to the OAPI registration system - affecting trademarks, GIs, utility models and industrial designs - came into effect on 1 January 2022. This update highlights the most important changes.
Monday, 10 January 2022
Be careful what you wish for: potential pitfalls in takedown requests
A takedown request with Amazon.ca has come back to bite the requesting party when its trademark registration was successfully challenged by the recipient of the request.
Eurasian design system enters into force in Tajikistan; EAPO to serve as ISA and IPEA
Eurasian industrial design applicants may now obtain protection simultaneously in six countries: Armenia, Azerbaijan, Kazakhstan, Kyrgyzstan, Russia and Tajikistan.
Friday, 07 January 2022
Supreme Court confirms that purchase of competitors’ trademarks as keywords on search engines does not violate unfair competition law
This is one of two Norwegian Supreme Court decisions handed down on the same day regarding the relationship between trademark law and unfair competition law.
Amendments to strengthen protection afforded to trademark and design applicants
Recent amendments to the Korean Trademark Act and the Design Protection Act will provide more opportunities to remedy mistakes and relax the time limits for certain procedures.
Thursday, 06 January 2022
Court upholds Davidoff’s rights in CHAMPION and dumbbell shape marks
Zino Davidoff SA has prevailed in a dispute with Ramsons Perfumes Pvt Ltd over the use of the mark CHAMPION and a dumbbell-shaped bottle for perfumes.
Weider keeps Morinaga’s IN mark out of register
US nutrition company Weider has successfully relied on rights in its IN word mark in an action for a declaration of invalidity of Morinaga’s registered IN logo in Singapore.
Wednesday, 05 January 2022
Good news for trademark owners: Trademark Office to start issuing trademark certificates electronically
The Costa Rican Trademark Office is due to begin issuing trademark certificates electronically, which should make the registration process faster and less costly.
Big little lies: guidelines for challenging acquired distinctiveness claims
The US Court of Appeals for the Federal Circuit has examined, for the second time, the standard for demonstrating fraud in a claim of acquired distinctiveness for purposes of registration under Section 2(f) of the Lanham Act.
Tuesday, 04 January 2022
Tax Court establishes new criteria for payment of royalties for trademark licence
Taking into consideration the OECD guidelines on intangible assets, Peru’s Tax Court has set forth criteria for the deduction as tax expenses of the payment of royalties for trademark licences.
Chinese courts sanction copycat fragrance using iconic Chanel N°5 trade dress
This case highlights that the registrability of a 3D trademark and the prerequisites for invoking trade dress protection are different matters governed by different laws.
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