Friday, 01 July 2022
Federal Supreme Court cancels trademarks referring to 2022 World Cup in dispute between FIFA and Puma
The court considered whether the registration of marks referring to sporting events by non-sponsors creates a risk of misleading the public, and addressed for the first time the public domain character of such trademarks.
Slogan trademarks - a report by the EUIPO
This update highlights some of the issues that rights owners should be aware of when considering the protection of slogans as registered trademarks.
Thursday, 30 June 2022
Chanel obtains registration of iconic CHANCE perfume bottle design
The registration will provide Chanel with a stronger defence strategy in Peru and other countries of the Andean Community.
TÜRKPATENT webinar: key takeaways on proof of use in oppositions based on similarity claims
TÜRKPATENT has highlighted the most common mistakes made by applicants when requesting proof of use and by opponents when submitting evidentiary documents, and shared valuable information on how it evaluates proof of use.
Wednesday, 29 June 2022
New model, new rules - no ‘safe harbour’ for NFT platforms in China?
This recent court decision in the first NFT infringement case in China is likely to have implications for businesses looking to safeguard their rights in the emerging NFT space in the country.
Design rights infringers may face criminal charges even if no complaint is filed
The amended Design Protection Act now allows criminal penalties to be pursued against infringers whether or not a complaint has been filed by an injured party.
Tuesday, 28 June 2022
General Court confirms likelihood of confusion between POLO CLUB marks
The similarities between the marks, in particular phonetically and conceptually, could not be offset by the existence of visual differences.
Patent and Trademark Office implements service by publication procedure
It is expected that there will no longer be delays in the service of office actions and that the number of pending applications will decrease.
Monday, 27 June 2022
The CLIPPER case: Beijing High Court finds that 3D mark containing distinctive word element is non-distinctive
The incoherent methodology adopted by the Beijing High Court and the CNIPA could further complicate the prosecution landscape for 3D marks in China.
UDRP complainant loses bet for Bette
The respondent's explanation that the domain name ‘bette.com’ was registered because it was a common female name was found to be "plausible".
Friday, 24 June 2022
ALLMAX NUTRITION v ALLNUTRITION: General Court finds likelihood of confusion based on weakly distinctive shared component
The weak distinctive character of an element, due to its descriptive meaning, does not necessarily imply that this element is negligible in the overall impression.
Opponent wins trademark opposition despite inadmissible evidence
Sailun Group Co Ltd successfully opposed the registration of the trademark SAILWIN, even though all of its evidence was deemed inadmissible. Luckily for Sailun, it had a prior trademark registration to rely upon.
Thursday, 23 June 2022
Drink up, but not with the Lehman brand
The Federal Circuit upheld a Trademark Trial and Appeal Board refusal to register a trademark based on likelihood of confusion with a famous - but expired - mark.
Taiwanese legislature passes amendments to Trademark Act to meet CPTPP requirements
It is expected that the amendments will strengthen the protection of trademark rights, uphold social justice and respond to the industry's expectations.
Wednesday, 22 June 2022
With trademark conflicts on the rise, General Court takes more lenient approach to use requirement
The decision confirms that trademark holders have a variety of flexible means at their disposal to show genuine use.
Amendments to the Trademark Examination Guidelines - what you need to know
This update highlights the key changes for trademark owners and practitioners, including the standards applicable to the ex officio re-examination procedure recently introduced in the Trademark Act.
Tuesday, 21 June 2022
Trademarks Office delivers landmark interpretation of Rule 34 on expedited processing
The key issue in this case was whether a request to expedite processing of an application under Rule 34 of the Trademarks Rules 2017 can be filed after the completion of the opposition pleadings.
Trademark troll loses registration after appropriating well-known mark
This is the first decision applying the new bad-faith ground for trademark expungement, added to the Trademarks Act in 2019.
Monday, 20 June 2022
Losing the THINK DIFFERENT marks - if only Apple had ‘thought differently’
The decision shows that it is crucial for trademark owners to review and retain evidence of trademark use on an ongoing basis.
US film financier loses to ‘gripe site’
The respondent’s use of the domain name ‘doesryankavanaughlooklikeharveyweinstein.com’ for a non-commercial criticism site was found to be protected under the UDRP.
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