Portfolio Management

The dominance of Class 9: is it time for a radical overhaul of the Nice Classification system?

A detailed look at how the use of Class 9 continues to dominate at trademark offices across the globe highlights why there needs to be significant changes to the Nice trademark classification system to meet the challenges of the modern world.

The dominance of Class 9: is it time for a radical overhaul of the Nice Classification system?
3 Dec 2019

A bold new era for TMview; improving the world’s largest free trademark search engine

In an exclusive guest post, the team behind the EUIPO’s flagship platform share tips on making the most of TMview’s new features – and call for practitioners to give their feedback to ensure that it meets the needs of the trademark community.

2 Dec 2019

Clarivate Analytics acquires Darts-ip in data-driven deal

Clarivate Analytics has acquired IP case law and analytics provider Darts-ip for an undisclosed sum, bringing case law data and analytics into the former’s suite of products.

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5 Dec 2019

General Court finds that “coffee products” are similar to edible items in Class 30

The EU General Court has confirmed that there was a likelihood of confusion between the mark HAPPY MORENO CHOCO and Aldi’s earlier MORENO mark for Class 30 goods. Read more

4 Dec 2019

Delhi High Court declares that PULSE is a well-known mark   

In Dharampal Satyapal Sons Pvt Ltd v Singhal, the Delhi High Court has permanently restrained the defendants from using the mark PLUSS for sweets and declared that the plaintiff’s mark PULSE was well known under Sections 11(6) and (7) of the Trademarks Act. Read more

3 Dec 2019

Nestlé v EUIPO: General Court considers distinctiveness of human figures and power to alter decisions

In a victory for food and drink giant Nestlé, the General Court has annulled a decision of the Second Board of Appeal of the EUIPO finding that there was a likelihood of confusion between Nestlé’s applied-for mark and Jumbo’s earlier mark, which both represented the shape of a human figure. Read more

2 Dec 2019

INDAS v INTAS: General Court provides comprehensive guidance on proof of genuine use

Laboratorios Indas has scored a win before the EU General Court in its long-standing feud with competitor Intas Pharmaceuticals Ltd. The decision may be seen as a go-to guide on the assessment of the proof of genuine use. Read more

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1 Dec 2019

Intel’s diversity move; Instagram urged to verify advertisers; counterfeit hotspots; Expedia exclusive; plus much more

Everything we covered on WTR over the past seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week. Read more

24 Nov 2019

Latest Gleissner decisions; wellbeing warning; INTA exclusive interview; insurance brands; plus much more

Everything we covered on WTR over the past seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week. Read more

20 Nov 2019

Chelsea still owns José Mourinho trademarks; will Tottenham have to pay to commercialise his name?

Tottenham Hotspur has appointed José Mourinho as its new manager, and questions have arisen about trademarks owned by rival club Chelsea. Talking to WTR, one IP expert points to “potential” for issues between the two clubs. Read more

17 Nov 2019

Microsoft tops intangibles ranking; e-sports opportunities; online brand protection trends; counterfeit hotspots revealed; plus much more

Everything we covered on WTR over the past seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week. Read more

Analysis

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29 Nov 2019

Recent design law changes: key points highlighted

The Enforcement Regulation of the Korean Design Protection Act has recently been amended. This update summarises some of the more notable changes. Read more

29 Nov 2019

Sanrio fined for restricting cross-border sales of licensed Hello Kitty merchandise

A recent decision of the European Commission in a case involving Hello Kitty merchandise is a reminder that IP licences can be examined and found infringing under the EU competition rules. Read more

27 Nov 2019

Trademark changes in France: how tiny details could have huge consequences for brands

Earlier this month, the EU Trademark Directive was implemented in France. In an exclusive guest post, Herald Avocats partner Richard Milchior explains why international brands should be aware of the potential impact of these changes. Read more

27 Nov 2019

OUTSOURCE 2 INDIA case: purely descriptive terms may not always be registered by other traders

In invalidity proceedings against the mark OUTSOURCE 2 INDIA, the Court of Justice of the European Union has confirmed that a finding of bad faith does not necessarily require the existence of earlier trademark rights. Read more

Research

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9 Sep 2019

No safe bets – what the potential Philip Morris-Altria merger tells us about the tobacco industry

Major players are pulling out all the stops to diversify their portfolios, expanding geographically as well as investing in and buying up other businesses. However, no matter how you look at it, there are significant challenges ahead. Read more

30 Aug 2019

Crimson wave – how Harvard outstrips other universities in terms of registered trademarks

Ivy League schools rely on their reputation to attract top-notch talent, so policing these brands is a critical undertaking. Read more

10 Aug 2019

Poland’s economy continues to exhibit remarkable growth, but can local brands keep up?

The former communist state has developed a strong market economy, and local brands have the opportunity to exploit these conditions to gain both domestic and international traction. Read more

26 Jul 2019

NASA has one small portfolio of trademarks, one giant global identity for its brand

In an exclusive data analysis, we find the American space agency has a minimalist portfolio – a trend among federal agencies – yet maintains a strong brand identity around the world. Read more

Insight

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30 Sep 2019

Building an effective enforcement strategy to fight unfair competition in advertising

In the fight against unfair marketing practices, businesses operating in Russia would be well advised to understand the correlation between unfair advertising and unfair competition and to take account of the relevant legal provisions so as to build up an effective enforcement strategy. Read more

1 May 2019

Can you trademark sounds, smells, colours, motions and flavours?

Trademarks are much more than a logo used to identify a brand. Non-traditional trademarks using sounds, colours and shapes have exploded onto the scene, bringing notoriety to many a business and brand. Read more

1 May 2019

Colour marks gain popularity in Russia

Colour trademarks are growing in popularity in Russia. However, to ensure their registration, the colour in question must be capable of sufficiently distinguishing the product or service and its origin. Read more

1 May 2019

Protecting fashion and cultural expressions

Protecting the knowledge and traditional cultural expressions of different cultures and indigenous communities is a complex task. Opinions are divided, but one route may involve IP rights to protect traditional forms of innovation and creativity. Read more