Asia-Pacific

Most relevant brands in China, OAPI hosts IP celebration, and Trademark Licensing Protection Act in the spotlight: news round-up

In our latest round-up, we look at the IP office of Chile extending deadlines for Japanese applicants, the WHOIS reform group at loggerheads, Indonesia stepping up anti-piracy efforts, and much more.

Most relevant brands in China, OAPI hosts IP celebration, and Trademark Licensing Protection Act in the spotlight: news round-up
14 Sep 2018

Saudi Arabia to adopt plain packaging, T-ara resolve trademark dispute, and ICANN needs your feedback on RPMs: news round-up

In our latest round-up, we look at the US brands with the most loyal customers, 7-Eleven taking a menswear brand to court for alleged trademark infringement, and much more.

13 Sep 2018

A detailed look at the positives and negatives of China’s new e-commerce law

In this guest blog, Joe Simone from SIPS looks at China's newly-adopted e-commerce law and identifies the aspects which will have the most significant impact, both good and bad, for IP enforcement work.

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19 Sep 2018

Delhi High Court: defendants copied all main features of Marico’s PARACHUTE-branded product

In Marico Limited v Kumar, the Delhi High Court has restrained the defendants from infringing Marico Limited’s IP rights in its PARACHUTE-branded coconut oil. Read more

18 Sep 2018

Kazakhstan amends IP legislation - key changes highlighted

Various amendments to the IP legislation have come into force in Kazakhstan. This update highlights the most significant changes brought about by the amendments. Read more

17 Sep 2018

A monster left licking its wounds: Monster Energy suffers three opposition losses

Energy drink giant Monster Energy has been involved in three trademark oppositions in New Zealand so far this year, and was unsuccessful in all three. Read more

14 Sep 2018

Panasonic wins passing-off case concerning packaging and product designs

In a landmark decision, the Thai Supreme Court has held that the defendant was passing off its batteries as those of Panasonic, even though it sold its products under a different trademark. Read more

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Anti-counterfeiting

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12 Sep 2018

Trump administration should take credit for China’s counterfeits crackdown, claims trade association

The Precious Metals Association of North America (PMANA) has lauded the Trump administration in its response to China’s adoption of long-awaited e-commerce legislation.  Read more

3 Sep 2018

China adopts new e-commerce law; expert highlights “concerns” for rights holders

After almost two years in the making, China’s long-awaited e-commerce law has finally been adopted. However, one local expert notes that some of the provisions related to IP infringement may have been “somewhat watered down”. Read more

3 Sep 2018

Plain packaging in India moves closer following Supreme Court decision and upcoming amendments

In the coming days, new governmental amendment rules in India are set to take effect that, according to one expert, suggest that a move towards full plain packaging in the country is only a matter of time. Read more

24 Aug 2018

P&G applications sparks WTF reaction, Pinduoduo’s counterfeit crackdown, and McCarthy on the move: news round-up

In our latest round-up, we look at how the USPTO is seeking input on its draft strategic plan, Aerosmith sending a cease-and-desist to US President Donald Trump, a trademark dispute involving Bob Dylan, and much more. Read more

Brand management

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29 Aug 2018

Safeguarding dynamic marks and slogans in India

Fluid trademarks and slogans are excellent marketing tools as they engage customers and improve sales, but their enforceability remains challenging. Read more

29 Aug 2018

Kapow! How to manage marks in the world of comic books

Fluid marks can breathe new life into a brand and are frequently used to grab audience attention. However, a trademark must be used consistently to maintain its registration. Read more

29 Aug 2018

Perpetual revolution: protecting fluid trademarks in Russia

Fluid trademark strategies can strengthen brand recognition but the non-conventional nature of such marks needs to be understood to avoid weakening protection and risking non-use cancellation cases. Read more

26 Aug 2018

Harmonisation in practice: a dialogue about foreign trademarks

Industry experts from the United States, the European Union and China outline the key considerations for those looking to expand their portfolios internationally. Read more

Enforcement and litigation

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19 Sep 2018

Delhi High Court: defendants copied all main features of Marico’s PARACHUTE-branded product

In Marico Limited v Kumar, the Delhi High Court has restrained the defendants from infringing Marico Limited’s IP rights in its PARACHUTE-branded coconut oil. Read more

17 Sep 2018

A monster left licking its wounds: Monster Energy suffers three opposition losses

Energy drink giant Monster Energy has been involved in three trademark oppositions in New Zealand so far this year, and was unsuccessful in all three. Read more

14 Sep 2018

Panasonic wins passing-off case concerning packaging and product designs

In a landmark decision, the Thai Supreme Court has held that the defendant was passing off its batteries as those of Panasonic, even though it sold its products under a different trademark. Read more

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

Goverment/policy

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11 Sep 2018

Don’t underestimate the rise of Chinese brands (and the impact for all rights holders)

In our latest opinion piece, we reflect on the scale of the Chinese government's brand incubation drive, and how this ambitious project is one that will have consequence for all rights holders - no matter where in the world they are located. Read more

10 Sep 2018

Where did it all go wrong in the WTO plain-packaging dispute?

The World Trade Organisation’s panel report in the cases brought against Australia’s plain-packaging regime is difficult reading – and some of its key arguments are without merit. Read more

8 Aug 2018

AI boosts counterfeit seizures in Hong Kong; expert claims focus should be on small package detection

​​​​​​Customs authorities in Hong Kong have managed to increase the seizure rate of fake goods by one-third in the first half of 2018 thanks to the use of artificial intelligence. Read more

1 Aug 2018

Anti-sanction bill keeps intellectual property in safe harbour

A new anti-sanction bill aimed at the prevention and suppression of unlawful and hostile foreign actions is now in force in Russia. Importantly, the bill generally does not concern the IP assets of foreign legal entities. Read more

Law firms

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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

24 Jul 2018

“Don’t panic” – new entrants to Madrid Protocol give mixed feedback on their experience since accession

​​​​​​​Law firm practitioners in jurisdictions that have adopted the Madrid Protocol in recent years have shared their experience in an exclusive survey. While some praised the system, other were scathing about its impact. 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

Positive ‘Swissness’ results, IACC and EURid partner up, and the first family of counterfeit hunting: news round-up

We look at a new law in China that could boost the fight against fakes, a comedian seeking over $100 million in infringement damages, a leaked email revealing “efforts to trademark Clean Meat”, and much more. Read more

IP offices

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13 Sep 2018

IP office gets new name and undergoes structural changes - what you need to know

Vietnam’s Ministry of Science and Technology has issued a new Regulation on the Organisation and Operation of the National Office of Intellectual Property, which introduced a new name for the office and unveiled a new organisational structure. Read more

28 Aug 2018

Registrations double in Cayman Islands, Peppa Pig victory in China, and Aldi most trusted brand in Australia: news round-up

In our latest round-up, we look at China and Indonesia giving up the plain packaging fight, a Colin Kaepernick trademark application generating media buzz, why US colleges have been accused of trademark bullying, and much more. Read more

14 Aug 2018

IP Australia wins digital award, Stephen Colbert talks trademarks, and USPTO seeks new judge: news round-up

In our latest round-up, we look at a Minneapolis official who sought registered trademark protection of a blog that criticised her, a Delhi court getting tough on perjury in a trademark case, and much more. Read more

3 Aug 2018

Defunct NFL franchise trademarks, counterfeiters target Kickstarter and Pinduoduo investigated: news round-up

In our latest round-up, we look at how tomato DNA is being used to combat dangerous counterfeits, the Vega+ games console losing branding rights, and much more. Read more

Online

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10 Aug 2018

Trademark "reveals" Star Trek series name, T-ARA denied, and PewDiePie responds to “fake” sponsorship: news round-up

In our latest round-up, we look at a call to boycott a Hawaiian food chain over trademark enforcement, an analysis of cutting-edge technologies being developed in the fight against counterfeit food, and much more. Read more

24 Jul 2018

Plain packaging for bank loans, Honduras to appeal WTO ruling and legality of Burberry burning: news round-up

In our latest round-up, we look at the TTAB siding with Italian fashion brand Gucci in a dispute with a family member of Gucci’s founder, Kazakhstan enacting new IP law amendments, and much more. Read more

15 Jun 2018

ICANN steps up GDPR clarity bid, Squire Patton Boggs resolves China dispute, and insights from ECTA 2018: news round-up

In our latest round-up, we look at various insights from ECTA’s 37th annual conference, how domain registrations for sports betting are on the rise, the Financial Times prevails in trademark dispute, and much more. Read more

7 Jun 2018

New EUIPO report charts increasing sophistication and diversification of counterfeiters

The EUIPO has released a new report, compiling research since 2013, to present a comprehensive and updated picture of the scope and impact of IP rights infringement in the European Union. Read more

Portfolio management

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5 Sep 2018

Supreme Court rules that AMERICAN UNIVERSITY trademark is inherently distinctive

In a notable decision, Korea’s Supreme Court has ruled that the mark AMERICAN UNIVERSITY was sufficiently distinctive among South Korean consumers to be registered in connection with university education services. Read more

29 Aug 2018

Safeguarding dynamic marks and slogans in India

Fluid trademarks and slogans are excellent marketing tools as they engage customers and improve sales, but their enforceability remains challenging. Read more

29 Aug 2018

Kapow! How to manage marks in the world of comic books

Fluid marks can breathe new life into a brand and are frequently used to grab audience attention. However, a trademark must be used consistently to maintain its registration. Read more

29 Aug 2018

Perpetual revolution: protecting fluid trademarks in Russia

Fluid trademark strategies can strengthen brand recognition but the non-conventional nature of such marks needs to be understood to avoid weakening protection and risking non-use cancellation cases. Read more

Trademark law

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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: 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

12 Sep 2018

Trademark procedures and strategies: China

Any interested party has the right to file an opposition against a trademark application during the three-month publication period. If the prior right does not concern an applied-for or registered trademark, the preliminary proof of the right must be filed. Read more

7 Sep 2018

Letter marks: Supreme Court provides guidance on distinctiveness

The Thai Supreme Court has held that a figurative mark consisting of the letters ‘B’, ‘F’ and ‘t’ was sufficiently distinctive to be registrable under the Trademark Act.  Read more

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