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Portfolio Management

Chief Wahoo has left the stadium but the logo lives on – for legal, not commercial, reasons

The Cleveland Indians’ playoff exit this week also marked the final on-field use of its contentious Chief Wahoo logo. But the team remains under fire over the availability of merchandise bearing the mark.

Chief Wahoo has left the stadium but the logo lives on – for legal, not commercial, reasons
9 Oct 2018

China joint ventures: an eight-point guide to success

Sino-foreign joint ventures are the most popular way to access the Chinese market, but business owners should beware the traps that lurk every step of the way.

8 Oct 2018

Korean brands under scrutiny as antitrust watchdog turns attention to trademark revenues

South Korea’s Fair Trade Commission has revealed that the “trademark usage fees” of the country’s largest chaebols (conglomerates) exceeded W1 trillion ($884.5 million) last year – the first time that monetary barrier has been broken. 

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17 Oct 2018

BALLDRIVE decision highlights IP Court’s strict approach to assessing distinctiveness of word marks

Taiwan’s IP Court has upheld a refusal to register the mark BALLDRIVE for goods in Class 7. The decision shows that a mark may be considered descriptive even when it has been coined by the applicant. Read more

16 Oct 2018

Significant increase in non-use cancellation actions - what mark owners should know

Owners of marks not currently active in South Korea should take note of data recently published by the Korean Intellectual Property Office, which showed that the number of non-use cancellation actions has significantly increased in recent years. Read more

16 Oct 2018

General Court: mere fact that goods are different makes it possible to rule out any likelihood of confusion

In Grendene SA v EUIPO, the General Court has confirmed that there was no likelihood of confusion between the mark HIPANEMA for jewellery and earlier IPANEMA marks for footwear. Read more

12 Oct 2018

No Yin and Yang here: only one may experience TAI CHI for tea

In Tai Chi Green Tea Inc v Diamond Hong, the US Federal Circuit has affirmed a TTAB decision to cancel a registration after the TTAB refused to consider the registrant’s reply brief and the evidence included in the main brief.    Read more

News

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12 Oct 2018

Access the latest brand protection and management strategies for China

World Trademark Review is pleased to unveil the programme for the third annual Brand Strategy China event, which takes place in Shanghai on 3 December 2018. Read more

19 Sep 2018

Digital revolution in Africa: ARIPO unveils groundbreaking free IP database

The African Regional Intellectual Property Organisation (ARIPO) has launched a free online database as it bids to centralise IP records from across the continent.  Read more

18 Sep 2018

Get the inside track on cost-effectively managing trademark portfolios

WTR is pleased to announce that Managing Trademark Assets Europe will be heading to London on 28 January 2019. The event will present cutting-edge strategies for the creation, protection and monetisation of strong brands. Read more

7 Sep 2018

Wine Spectator versus Weed Spectator, Trump slams Nike, and an ode to trademark attorneys: news round-up

In our latest round-up, we look at trade associations calling for more clarify over rules of origin, CEO of a US cheese company slamming the EU’s GI regime, how Nike’s new ad campaign may have damaged the brand, and much more. Read more

Analysis

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11 Oct 2018

Louis Vuitton Malletier wins opposition against trap singer and rapper Malu Vuitton

The Peruvian Trademark Office has upheld Louis Vuitton Malletier’s opposition against the registration of the mark MALU VUITTON by a Peruvian singer known under the stage name Malu Vuitton. Read more

10 Oct 2018

Court of Appeals recognises evidential value of agreement restricting parties’ rights to trademark

The General Assembly of the Turkish Civil Court of Appeals has held that an agreement restricting the use of a mark can later be relied on to prevent the registration of that mark.  Read more

9 Oct 2018

Success for Puma: General Court orders Board of Appeal to re-assess degree of reputation of PUMA marks

In Puma SE v EUIPO, the EU General Court has provided useful guidance on the scope of protection of marks with an exceptionally high reputation. Read more

9 Oct 2018

Supreme Court: trademarks must be assessed as a whole

In a significant decision, the Chilean Supreme Court has reversed a decision of the Court of Appeal in Industrial Property Cases in which the latter had rejected an opposition against the registration of the mark CALLY based on the earlier mark CALLIA. Read more

Research

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10 Aug 2018

Food delivery marks on the rise, as Starbucks leads the way in restaurant brand filings: exclusive data analysis

In this week’s industry data report we look at the food service industry. We reveal that Starbucks has the most robust trademark portfolio in the industry, the rise in 'food delivery' applications, and more. Read more

27 Jul 2018

Outstanding improvement in aerospace brands despite a fall in application numbers: exclusive data analysis

In our latest data report, we examine the top brands, industry trends, and filing data in the aerospace and defence sector - revealing a marked shift from vehicle-related applications to software and research. Read more

13 Jul 2018

Madrid System fails to have an impact for local filers: an analysis of the Indonesian trademark market

In this country data report, we hone in on the fast-growing Indonesian trademark market, revealing that the country’s recent accession to the Madrid Protocol has had little impact on local filers, while US applicants have been making the most of the new filing option. Read more

29 Jun 2018

How brands should prepare for the big changes coming to Canada’s trademark market: exclusive data analysis

In our latest report, we delve into Canada’s trademark landscape. We examine how a major overhaul of its trademark laws may lead to a clogged up register, take a look at filing and litigation trends, and much more. Read more

Insight

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12 Sep 2018

Trademark procedures and strategies: Japan

 The Examination Guidelines for Trademarks also play an important role in the examination of trademark applications at the Japan Patent Office (JPO). The most recent revisions to the examination guidelines took place in April 2017, which include clarifying the criteria for judging the similarities between trademarks. Read more

12 Sep 2018

Trademark procedures and strategies: Italy

Italy has a first-to-file system, therefore unregistered trademarks enjoy a lesser degree of protection than registered trademarks. Only in exceptional circumstances can an unregistered trademark prevail over a later registered trademark. Read more

12 Sep 2018

Trademark procedures and strategies: Israel

While the Trademark Ordinance predominantly provides protection for registered trademarks, it also protects unregistered well-known trademarks. Read more

12 Sep 2018

Trademark procedures and strategies: India

The Indian courts have taken the lead in issuing landmark decisions on several issues, including recognition of trans-border reputation and goodwill, trademark violations in respect of unrelated goods, online counterfeiting and protection of celebrity rights. Read more

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“There is no one-size-fits-all approach to enforcement” – exclusive interview with Mars Inc’s Sophie Anger

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Harmonisation in practice: a dialogue about foreign trademarks

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America first... for now: how Chinese and European brands are closing the gap

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Digital revolution in Africa: ARIPO unveils groundbreaking free IP database

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Mehmet Gün
Partner
Istanbul, Turkey
Gün + Partners
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