Thursday, 29 June 2023
The future of trademarks in Iran: what you need to know
Although Iran's trademark legal framework currently presents limitations and inconsistencies, efforts have been made to protect IP rights.
General Court provides guidance on meaning of 'component' under Community Design Regulation
The decision clarifies the factors to be considered when determining whether a product amounts to a component part of a complex product under the regulation.
Wednesday, 28 June 2023
General Court: no risk of confusion between RAVE THE PLANET and PLANETE+
Although the services at issue were identical or similar, the importance of the visual differences between the signs was sufficient to rule out the existence of a likelihood of confusion.
Electra powers Second Circuit’s false endorsement analysis
Relying heavily on Electra, the Second Circuit affirmed the denial of a Lanham Act claim arising from the unauthorised use of photographs of professional models to promote a gentlemen’s club.
Tuesday, 27 June 2023
TTAB confirms that building design marks lack distinctiveness
The TTAB affirmed the refusal of two applications by a subsidiary of Hilton Worldwide Holdings for design marks consisting of representations of the Palacio Del Rio hotel.
INDECOPI approves 25% reduction in official registration fees for small businesses
To benefit from the reduction, the applicants must own a valid registration or re-registration certificate in the Register of Micro and Small Enterprises.
Monday, 26 June 2023
CJEU interprets VAT Directive in case involving trademark assignment
The CJEU has considered the right to deduct VAT where a trademark assignment was regarded as a fictitious transaction under national civil law.
Two ‘tickets’ to UDRP denial
Trademark owners should think very carefully before filing a UDRP complaint when the domain name at issue was registered before their trademark.
Friday, 23 June 2023
Suspension in trademark review cases: CNIPA releases its interpretation of the rules
The new rules on the suspension of trademark review cases aim to reduce the burden placed on brand owners by the current practice.
JPO dismisses opposition based on Moncler logo outline
In a blow to Italian fashion company Moncler SpA, the JPO found that there was no likelihood of confusion between the Moncler logo outline and a mark consisting of the word ‘CONOMI’ with a ‘C’ logo and encircling outline.
Thursday, 22 June 2023
General Court finds no likelihood of confusion based on weak distinctive character of earlier mark
The decision reiterates that the degree of distinctive character of the earlier mark is one of the relevant factors for assessing the likelihood of confusion.
Belize the latest Caribbean nation to join the Madrid Protocol
Belize is now the fourth English-speaking jurisdiction in the region to join the Madrid System.
Wednesday, 21 June 2023
Position marks in Brazil: mixed fortunes for brand owners
The inconsistency of the Patent and Trademark Office’s decisions inaugurates a phase of uncertainty regarding the registration of position marks.
Amendments strengthening IP rights protection adopted
Importantly for IP rights owners, the law now stipulates that remedies such as removal from circulation and destruction of counterfeit goods must be carried out at the infringer’s expense.
Tuesday, 20 June 2023
Norwegian IP owners may pursue international infringement matters before the Norwegian courts
The decision opens the possibility of pursuing international infringement cases before the Norwegian courts where both parties are Norwegian registered companies.
Colombia and Venezuela sign first bilateral treaty for the promotion and reciprocal protection of investments, including IP assets
The treaty ensures security and protection for investors from both countries and explicitly encompasses the safeguarding of IP rights.
Monday, 19 June 2023
Batman returns: bat in oval surround found to be distinctive
In a victory for US comic book publisher DC Comics, the General Court confirmed that a mark representing a bat in an oval surround was distinctive for goods in Classes 25 and 28.
UDRP: evidence of bad faith should not be cryptic
As the complainants’ claim that they had used the mark at issue since 2019 was central to their case, one would have expected them to tender far more actual evidence than a single quotation.
Friday, 16 June 2023
Jack & Victor whisky still game after overcoming Jack Daniel’s opposition
While the UKIPO accepted that Jack Daniel’s had a family of JACK-formative marks, consumers would not view the JACK & VICTOR mark as being part of that family.
New applicant-friendly amendments to the Design Protection Act
Notably, the time limit to file an application for a related design has been extended from one year to three years of the filing date of the application for the principal design.
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