Monday, 16 May 2022
AMSTERDAM POPPERS: when a city’s notoriety renders a trademark descriptive
The decision serves as a reminder of the criteria for the assessment of descriptive character, especially when a sign contains a geographical designation.
Respondent's business model .sucks
The present case is one of over a dozen UDRP cases filed against respondent Honey Salt Ltd.
Friday, 13 May 2022
Good news for trademark owners as IGE changes its practice concerning trademarks containing geographical indications
The new practice will result in a simplified procedure for many trademark owners.
WIPO temporarily suspends ‘.ua’-DRP proceedings
The ‘.ua’-DRP administrative proceedings will resume once the martial law regime is lifted in Ukraine.
Thursday, 12 May 2022
Brand owners eye outcome of challenge to new monitoring provisions on service providers over copyright content
The decision is likely to have an impact on brands’ procedures for communications with service providers.
First sale defence bars trademark infringement where trademarked component is adequately disclosed
In this dispute over the use of ‘Bluetooth’ marks in cars containing Bluetooth-equipped head units, the Ninth Circuit held that the first sale doctrine applies when a trademarked product is incorporated into a new product.
Wednesday, 11 May 2022
Good news for Lego as PTO finds that similar visual impression prevails over different word elements
The PTO found that the figurative marks JORGE TOY’S and PILCOMUNDO and the well-known figurative mark LEGO shared the same graphic elements, which created an almost identical visual impression.
Amendments that will benefit trademark and design applicants enter into force
These amendments are expected to benefit applicants by providing more opportunities to remedy errors and relaxing time limits for certain procedures.
Tuesday, 10 May 2022
General Court confirms that QUEST 9 is similar to QUEX
The court found that the applicant could not criticise the Board of Appeal for finding that “medical biofeedback apparatus and instruments” were aimed both at professionals and at the general public.
It’s not in the bag: TTAB refuses to register generic handbag design
The decision puts an end to a three-year campaign to secure the registration of fashion brand Cult Gaia’s ‘Ark’ handbag.
Monday, 09 May 2022
CNIPA notice on malicious trademark registrations: key takeaways
The most significant aspect of the notice is the abolition of awards and subsidies for the registration of trademarks, which have long been suspected of contributing to the high levels of malicious trademark registrations in China.
Uzbekistan’s first GI law: what you need to know
It is expected that more geographically related signs and names will be registered, as the GI registration procedure is less rigid and time-consuming than for appellations of origin.
Friday, 06 May 2022
Federal High Court considers registrability of similar trademarks under Section 5 of the Trademarks Act
The decision did not leave any room for doubt as to the rights vested by the law on the proprietor of a registered trademark in Nigeria.
General Court considers issue of ownership of prior rights
The General Court upheld a EUIPO decision dismissing an opposition on the ground that the opponent had failed to demonstrate that it was the owner of the prior rights on which the opposition was based.
Thursday, 05 May 2022
New court procedures for IP disputes – what you need to know
The new optional track for IP litigation aims to provide a quicker and more cost-effective dispute resolution system in Singapore.
Trademark confusion: a latent risk even for specialised consumers
SENADI has found that there was a risk of confusion between the mark BIOVET and the earlier mark BIOVET (and design) for goods in Class 5, even among consumers who are specialised in these types of products.
Wednesday, 04 May 2022
Scout me in! Boys Scouts defeat Girls Scouts in trademark dispute
The decision demonstrates the limitations of trademark law in addressing competitive behaviour.
National Trademark Office changes approach to examination of competitive connection between Class 5 goods
The decision is significant as it considers the realities of the market for vaccines on the one hand, and for pharmaceutical products on the other.
Tuesday, 03 May 2022
CNIPA backs Acushnet in opposition against ‘shifty’ application
The trademark squatter in this case had used an old trick to try and circumvent the examination system. However, the CNIPA was not deceived and found that the application was an imitation of Acushnet’s well-known trademark.
IPO clarifies deadline extensions in trademark procedures
For the submission of declarations or responses to office actions relating to application deficiencies, applicants may request up to three one-month extensions, or one three-month extension, without the need to support the request with evidence.
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