Thursday, 17 August 2023
Refusal to register Duracell’s sound mark reversed
The Trademark Trial and Appeal Board has found that Duracell’s audio messaging is analogous to a “display associated with the goods”.
Amendments to the Industrial Property Act: key points highlighted
Procedures for trademark revocation and declarations of invalidity will now be initiated before the Slovenian Intellectual Property Office.
Wednesday, 16 August 2023
Delhi High Court: Times Group has no exclusive rights over NOW
The dispute highlights the risks of suppressing and misrepresenting material facts and of taking a contrary stand before the registry and the courts.
Good news for Prada as General Court confirms likelihood of confusion between RADA and PRADA
The meaning of Rada Perfumery’s trademark – which referred to the name of the company’s founder – was not so clear and specific as to be grasped immediately by the public.
Tuesday, 15 August 2023
Casio successfully registers 3D shape of ‘G-Shock’ watch
The JPO Appeal Board has found that the 3D shape of the Casio ‘G-Shock’ watch has acquired distinctiveness through substantial use over 40 years.
Can a registered company name amount to infringement and passing off of a trademark?
A recent case emphasises the need to align the register of companies and the register of trademarks as regards the reservation of company names.
Monday, 14 August 2023
Preliminary injunction issued in trademark dispute involving names of Qing Dynasty emperors
This is a rare example of a successful application for a preliminary injunction in an IP case.
Uzbekistan amends competition law, but excludes IP-related provisions
The amendments are seemingly not in line with the Paris Convention for the Protection of Industrial Property, to which Uzbekistan is party.
Friday, 11 August 2023
‘Deferment of announcement of verdict’ provisions cancelled: how will this affect criminal liability in trademark infringement cases?
The development marks a significant shift in legal dynamics, particularly with regard to trademark enforcement.
Master of your domain: websites, social media and trademark infringement
Businesses may be found liable for trademark infringement if they adopt the wrong email address, website URL, Facebook name or Instagram handle.
Thursday, 10 August 2023
EUIPO Board of Appeal: hand gesture emoji is not distinctive
Emojis constitute a “parallel language” expressing emotions and, as such, they are not usually perceived as indications of origin.
IPO amends official fees – what you need to know
The fee for filing a trademark application has increased by 45%, while the fees for conducting all types of trademark search have increased by up to 40%.
Wednesday, 09 August 2023
Volvo fails to prevent registration of VOLVOX
A key finding was that the opposed mark and the earlier mark VOLVO were dissimilar conceptually, as the opposed mark gave rise to the meaning of “freshwater green algae of the genus Volvox”.
‘Gorgonzola’ decision provides guidance on how to assess genericity of AOs in Chile
An objection based on genericity against an application for registration of an appellation of origin must be examined under the territoriality principle.
Tuesday, 08 August 2023
Paris Court of Appeal validates Louis Vuitton’s use of four-leaf clover in jewellery line
The ruling raises critical questions about the protection of intellectual property and creative legacies within the fashion industry.
Myanmar sets out customs recordation rules for trademark protection
Notification No 50/2023 sets out the rules, requirements and procedures for trademark owners to protect their IP rights through customs recordation.
Monday, 07 August 2023
Preserving the “eternal touch” of Romanée-Conti in Indonesia
The DGIP has rejected two applications for the mark CONTI for wine on the ground that they were confusingly similar to ‘Domaine de la Romanée-Conti’, even though the latter is not registered as a GI in the country.
Recent IP Office decisions shed light on distinctiveness of 3D marks
The Ecuadorian IP Office has recently applied the guidelines on 3D marks established by the Court of Justice of the Andean Community in May last year.
Friday, 04 August 2023
Beijing IP Court finds no bad faith in defensive trademark registration
The fact that the applicant had applied to register a large number of trademarks for various goods and services did not suffice to prove that the contested trademark had been filed in bad faith.
Tommy Hilfiger unsuccessful in opposition against H BY FIGER SPORTS
Surprisingly, the JPO questioned the reputation of the earlier TOMMY HILFIGER marks, finding that Tommy Hilfiger had failed to demonstrate substantial and extensive use in Japan.
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