Portfolio Management

“Pioneering at a global level” – China approves amendments to tackle bad faith filings

China’s legislature has approved amendments to the country’s trademark law, which includes a raft of changes, including empowering administrative authorities to reject malicious applications and impose fines against bad faith filers and their agents.

“Pioneering at a global level” – China approves amendments to tackle bad faith filings
20 Apr 2019

Luxury companies are edging into the travel industry, but a high-end reputation is not everything

LVMH’s purchase of Belmond reflects an ongoing trend in the luxury market towards the travel industry. However, brands must be wise in this transition as there are endless opportunities for reputational damage.

19 Apr 2019

Trump riffs on Game of Thrones (again), INTA gives back, and rise of heritage brands: news digest

In our latest round-up, we look at how a slew of fake Amazon reviews are boosting brands, the Martha Stewart brand selling, KIPO assisting in IP crime enforcement, EU judges getting darknet training, and much more.

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24 Apr 2019

General Court: common figurative elements will make an impression on consumers, despite their weak distinctive character

In Užstato sistemos administratorius VŠĮ v EUIPO, the EU General Court has confirmed that there was a likelihood of confusion between two purely figurative marks for recycling-related services. Read more

24 Apr 2019

Another blow for HBO as opposition against GAME OF VAPES fails

Game of Thrones producer HBO has suffered another defeat before the UK Intellectual Property Office: following on from a decision in which registration of GAME OF STONES was allowed for beer, the office has rejected HBO’s opposition against GAME OF VAPES for tobacco products. Read more

23 Apr 2019

Last one to use is a rotten egg! Court of Appeal issues its decision in Galway Free Range Eggs Limited v O’Brien

A recent case which went all the way to the Irish Court of Appeal illustrates the difficulties faced by new market entrants when trying to come up with a safe name to avoid potential action from existing market leaders. Read more

18 Apr 2019

The right to be heard and the right to be told that one has made a mistake

The decision of the EU General Court in Prim SA v EUIPO is likely to influence how the errors and/or omissions of opposing parties will be handled, knowing that keeping quiet about such issues in EUIPO proceedings may ultimately backfire. Read more

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10 Apr 2019

Exclusive: new details emerge of proposed Trademarkia and LegalForce sale, as founder eyes exit

Trademarkia founder Raj Abhyanker has written to the shareholders of Trademarkia and LegalForce Inc to confirm his intention to exit from the entities and provide more detail on the prospective sale. Read more

8 Apr 2019

Speculation mounts over USPTO special cannabis unit as practitioners vent anger over examination delays (updated)

A number of US law firm practitioners have contacted WTR in recent days to highlight the apparent existence of, in the words of one attorney, “a ‘specialised’ group of examiners assigned to handle cannabidiol and cannabis-related trademark filings”. Read more

1 Apr 2019

Trump defeats Gleissner in trademark case; UKIPO warns activity risks bringing entire system into disrepute

A trademark for the term TRUMP TV, owned by “infamous trademark troll” Michael Gleissner, has been rejected. As part of the case, the comptroller general of the UK registry decried Gleissner’s “gaming” of the trademark system. Read more

28 Mar 2019

Lessons in brand evolution: what will set the winners apart from the losers

This week Apple announced its foray into the credit card market, illustrating how iconic brands can pivot to expand into new offerings. This guest post explores the history of brand evolutions and predicts what the future of branding will look like. Read more

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17 Apr 2019

Ethiopia introduces online trademark filing system  

The Ethiopian Intellectual Property Office has officially adopted an online trademark filing system. It is expected that the new system will change the culture of doing business and obtaining trademark registrations in the country. Read more

17 Apr 2019

CJEU considers consequences of inconsistency between classification of trademark and its graphic representation

Following a request for a preliminary ruling, the Court of Justice of the European Union has considered the requirements relating to the graphic representation of a sign and those relating to the distinctive character of a colour mark. Read more

17 Apr 2019

Speediest trademark examination in the world? Italy fast-track system sees publication in just two days

The Italian Trademark and Patent Office recently introduced a fast-track system for the examination of Italian trademark applications, with one expert claiming it could be the quickest trademark examination process in the world.  Read more

16 Apr 2019

Success for New Balance as court prevents Apex Shoe Company from using NEW BALANCE mark

In a dispute between New Balance Athletics Inc and Apex Shoe Company Pvt Ltd, the Delhi High Court has ruled in favour of New Balance and issued a permanent injunction preventing Apex from using the mark NEW BALANCE. Read more

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11 Apr 2019

Video game industry may face digital overhaul, but Nintendo can always call upon Mario

Big Tech has dipped its toes into the industry, posing a risk to traditional manufacturers. We take a deep dive into one of the market’s biggest players, Nintendo, to understand how its brands have helped the company sustain its success. Read more

5 Apr 2019

How South Africa’s predicted economic upswing will create opportunities for brands and their advisors

The country is seeing increased interest from international entities - particularly from the US; this will likely grow in scale as not only the South African economy develops, but as other emerging markets on the African continent grow.  Read more

29 Mar 2019

Data analysis reveals that top 50 US applicants have significantly decreased filings over past decade

While the volume of applications filed at the USPTO has steadily increased in recent years, the top 50 US applicants are filing fewer trademark applications each year, with a significant decrease visible over a 10-year period. So what is going on? Read more

21 Mar 2019

From K-pop to Presley: inside the trademark portfolios of the music industry’s biggest names

When it comes to trademarks, some musicians are clearly a step ahead. For others, the need to consider protection provides a potential new client base for practitioners. We delve into the portfolios and filing trends of both global and local recording artists. Read more

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8 Feb 2019

How Mickey Mouse and Darth Vader are helping to grow the Disney brand empire

In this week's data focus, we look at how multi-media giant Disney is stockpiling recognisable brands to build out its business operations and adapt to a changing industry.

11 Jan 2019

Johnson & Johnson data focus: inside the world’s biggest trademark portfolio

In the first of a new series, we shed light on how this pharmaceutical giant's trademark holdings have contributed to its business strategy.

8 Jan 2019

Protecting and enforcing design rights: United States

The grant of a design patent entitles the owner to exclusive rights to that design, such that the owner may bring suit against an infringer. In order to assess whether a design patent has been infringed, the scope of protection available to the allegedly infringed design must be properly determined. Read more

8 Jan 2019

Protecting and enforcing design rights: United Kingdom

There is a clear legal distinction between the ‘monopoly right’ in a registered design and the ‘right to prevent copying’ of an unregistered design. Read more

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