Europe

Brands less important to consumers demanding social improvements, report reveals

Brandwatch has released the results of a survey of consumer perception on brand purpose in the light of the coronavirus pandemic.

Brands less important to consumers demanding social improvements, report reveals
Amazon calls out Prime Bike; Denmark and India pledge IP cooperation; livestream fakes arrest – news digest
29 Sep 2020

Amazon calls out Prime Bike; Denmark and India pledge IP cooperation; livestream fakes arrest – news digest

In our latest round-up, we look at Deliveroo mulling a 2021 IPO, Royal Mint launching new anti-counterfeiting measures, the EUIPO signing a cooperation agreement with an SME alliance, and much more.

US and China driving international trademark applications, but question mark looms over the pandemic's impact
25 Sep 2020

US and China driving international trademark applications, but question mark looms over the pandemic's impact

This week’s data analysis tells you everything you need to know about international registrations trends over the years, and gives a first look at the 2020 state of play.

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Today

CJEU: ‘electrical energy’ not included in Class 4 of eighth edition of Nice Classification

The Court of Justice of the European Union has confirmed that the EUIPO had correctly refused Edison SpA’s request to reword the list of goods in Class 4 for which the mark EDISON was registered to include "electrical energy". Read more

28 Sep 2020

Similarity of weakly distinctive elements insufficient to offset differences between marks, even for identical goods

The General Court has confirmed that there was no likelihood of confusion between the mark DR. JACOB’S ESSENTIALS and the earlier marks COMPAL ESSENCIAL, despite the fact that they covered identical and similar goods. Read more

28 Sep 2020

Ukraine amends its industrial design law: key points highlighted

Amendments to the Ukrainian industrial design law have entered into force, bringing about several significant changes - including the introduction of a new requirement for registrability and the possibility to include up to 100 designs in the same application. Read more

25 Sep 2020

Owner of THERMACOTE mark fails to prevent registration of DULUX TRADE TERMACOAT+

Therma-Cote Inc, the owner of the EUTM THERMACOTE for paints and varnishes, has been unsuccessful in its attempt to oppose the registration of DULUX TRADE TERMACOAT+ for identical or similar goods. Read more

Anti-Counterfeiting

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23 Sep 2020

Money saving tips, Asia top filers, UDRP review: WTR’s autumn edition now available

In a bumper edition we present budget management tips, reveal the top law firm and corporate filers in key jurisdictions across Asia, analyse the findings of our survey on non-legal trademark services, and much more. Read more

23 Sep 2020

A tale of cigarettes and alcohol: CJEU offers oasis for trademark owners

The Court of Justice for the European Union has shed further light on how far individuals can be held liable for the import of infringing goods, providing rights holders with a fresh weapon in the war against counterfeiting. Read more

22 Sep 2020

Dr Dre trademark divorce battle; Louisville counterfeit seizure; WIPO’s Gurry looks to the future – news digest

In our latest round-up, we look at a UK drinks firm being sued by Sazerac Brands, an AI-based start-up launching a new online brand protection offering, how filings are holding steady during the pandemic, and much more. Read more

18 Sep 2020

Thomas Cook brand relaunched; ‘rip off’ Teddy Fresh clash; Lady A legal fight continues – news digest

In our latest round-up, we look at industry groups teaming up to fight pirates, a call for fake pharmaceutical stories, IP Australia announcing a new indigenous knowledge initiative, and much more. Read more

Brand management

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24 Sep 2020

Computing and software companies driving positive growth in latest WTR Brand Elite results

Companies that invest in their brands and are supported by leading trademark teams have maintained their positive momentum in the latest WTR Brand Elite, registering their sixth month of stock value growth. Read more

24 Sep 2020

Live updates: IP offices implement measures in wake of coronavirus crisis

As the novel coronavirus epidemic continues to spread across the globe, WTR provides an updated look at measures that national IP offices have launched in response. Read more

23 Sep 2020

Copyright’s revenge on designs: Italian Supreme Court applies CJEU Cofemel ruling

An Italian Supreme Court decision concerning the layout of Kiko make-up stores is a welcome sign of the harmonising effect of the Court of Justice of the European Union’s Cofemel ruling, but could open the door to the protection of 3D designs with little originality or that are mainly functional. Read more

23 Sep 2020

Against the odds: the fundamentals of design protection in Turkey

Although registered and unregistered designs enjoy various forms of protection in Turkey, in practice, the hurdles to obtain such rights can be difficult to overcome, meaning manufacturers – especially in the spare parts industry – should consider alternative solutions. Read more

Enforcement and Litigation

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24 Sep 2020

‘Sea of reptiles’ found to infringe Lacoste’s crocodile mark

Lacoste’s success on appeal in this case demonstrates the importance of market surveys to show a likelihood of confusion. Read more

23 Sep 2020

Puma's quest to block Nike's FOOTWARE mark is de-feeted

In a somewhat surprising decision, the UKIPO has rejected Puma SE’s opposition against Nike Innovate CV's application to register the word mark FOOTWARE for various goods and services, including wearable technology. Read more

21 Sep 2020

Achtung! German applicant fails to defend its trademark before the CJEU

In a blow to German advertising agency achtung! GmbH, the Court of Justice of the European Union has confirmed that the figurative mark ACHTUNG! would be perceived by the relevant consumers as a promotional advertising message. Read more

18 Sep 2020

Ukraine amends its trademark law – key changes highlighted

Amendments to the Ukrainian trademark law entered into force on 16 August 2020, bringing about several important changes. Here is what you need to know. Read more

Government/Policy

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14 Sep 2020

The impact of covid-19 on intellectual property and the digital landscape

With online shopping and communication booming, the role of e-commerce companies is coming under greater scrutiny. The global pandemic could provide an opportunity to transform the ways in which they are regulated. Read more

8 Sep 2020

Trump trademark approved in Argentina; Beijing IP Court update; Gucci ‘fake not’ collection – news digest

In our latest round-up, we look at outrage over a WWE order about names and likenesses, Bumble announcing plans to go public, how counterfeiting remains a problem on Taobao, and much more. Read more

7 Sep 2020

Innovation at the French IP office: spotlight on trademark tools and services

In the latest of our new innovation series, the CEO of France's National Institute of Industrial Property (INPI) shares the tools and services they have launched or are developing for the future. Read more

4 Sep 2020

Queen Elizabeth II prevails in trademark dispute; Big Mac versus Big Jack; Kraft Heinz licensing – news digest

In our latest round-up, we look at a warning to act on counterfeit goods before it’s too late, Lord & Taylor filing for bankruptcy, IP Australia updating its trademark classifications, and much more. Read more

Law Firms

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8 Sep 2020

Controlling Black Lives Matter: the battle to trademark a movement

A WTR investigation finds over 50 attempts to register Black Lives Matter brands in 2020 so far, with one activist telling us that legal protection is necessary “so that people can't profit from it who haven't shed blood for this movement”. Read more

3 Sep 2020

German domestic trademark activity improves as economy is touted for recovery

As reports emerge that German exports will drop as the country reduces its interaction with the global market, domestic trademark filings are increasing at an above average rate for the European Union. Read more

28 Aug 2020

Economies are battered but many major offices set for record trademark numbers

As the data continues to be updated, we are able to get a better understanding of the extent of the coronavirus’ impact on the trademark ecosystem. Read more

4 Aug 2020

Royal Family trademark feud; Uganda joins TMclass; counterfeits seized in Zhejiang – news digest

In our latest round-up, we look at how Microsoft’s bid for TikTok is still on the table, Victoria Beckham launching on Tmall Global, Kappa Japan (and associated IP assets) being sold, Monster Energy in a dispute with Bang Energy, and much more. Read more

IP Offices

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22 Sep 2020

Legitimacy of Turkish PTO’s registry of well-known trademarks thrown into doubt

Following a decision of the Turkish Court of Appeals earlier this year, the future of the registry of well-known trademarks, which is managed by the Patent and Trademark Office, is hanging in the balance. Read more

17 Sep 2020

MESSI scores win over MASSI but legal expert laments CJEU’s “unfortunate” decision

The Court of Justice of the European Union has dismissed appeals against a judgment of the General Court authorising football player Lionel Messi to register the trademark MESSI for sports equipment and clothing. Read more

11 Sep 2020

Intellectual Property Office amends official fee structure

Amendments to the regulation on fees charged by the Croatian Intellectual Property Office entered into force on 8 August 2020, amending trademark fees, introducing utility model fees and modifying patent examination fees. Read more

4 Sep 2020

EUIPO joins WIPO Digital Access Service for EU registered design applications

In a welcome announcement, the EUIPO has confirmed that it is now possible for any submitted EU registered design application to be made available to the Digital Access Service run by WIPO. Read more

Online

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15 Sep 2020

Interflora loses Google Ads case

The Danish Maritime and Commercial High Court has dealt a blow to flower delivery network Interflora, finding that competitor Abella Blomster did not use ‘interflora’ as a keyword in Google Ads. Read more

14 Sep 2020

Battle lines drawn over intermediary liability as Digital Services Act consultation closes

The public consultation over the European Commission’s Digital Services Act ended last week, and on the issue of intermediary liability, the commission is faced with a choice between evolution or revolution. Read more

4 Sep 2020

The TikTok brand has gone global, which is a great feat, but now it faces a reckoning in the US

The video-sharing app is a highly attractive brand for its resonance with the Gen-Z demographic, but its relationship with China and status as a social media giant will create risks for whoever takes it on. Read more

25 Aug 2020

Innovation at the Swiss IP Office: spotlight on non-core tools and services

The director general of the Swiss Federal Institute of Intellectual Property (IPI) shares the innovative tools and services it has launched or is developing for the future. Read more

Portfolio Management

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21 Sep 2020

Super Mario at 35: brand lessons from Nintendo’s iconic mascot

As Nintendo’s famous mascot Mario celebrates its 35th anniversary, WTR looks at what brands can learn from the mustachioed hero. Read more

17 Sep 2020

No success for Glaxo in protecting purple colour mark

The threshold to demonstrate acquired distinctiveness is extremely high for colour marks; compounded by the many pitfalls intrinsic in survey evidence, meeting such threshold now seems near impossible in practice, even for the most well-known brands. Read more

17 Sep 2020

Higher Court allows prior use defence in EUTM infringement proceedings

This decision of the Higher Court of Slovenia in a dispute involving the Skenderbeu brandy is significant in that it establishes that the prior use defence can be used against EUTMs, and not only national trademarks. Read more

16 Sep 2020

Shoot for the moon (boots) and if you miss, you’ll land… with a non-distinctive mark

In a blow to Tecnica Group SpA, the manufacturer of the popular ‘moon boots’, the First Board of Appeal of the EUIPO has confirmed that Tecnica’s 3D mark for the shape of its boots lacked distinctiveness. Read more

Trademark law

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14 Sep 2020

Gross Domestic Failure – Banksy trademark portfolio “at risk” after registration ruled invalid

Street artist Banksy has had a trademark for one of his well-known artworks cancelled for being filed in bad faith, with the panel claiming that Banksy’s Gross Domestic Product shop “undermined” the case. Read more

28 Jul 2020

Brexit: UKIPO launches consultation to protect UK attorneys in change to address rules

The UK Intellectual Property Office has launched a public consultation with regard to a proposed change to its address for service rules, to be implemented once the Brexit transition period ends. Read more

27 Jul 2020

Amendments to the Trademarks Law 84/1998 - key points highlighted

Amendments to the Trademarks Law (84/1998) entered into force on 13 July 2020, transposing the provisions of the Trademarks Directive (2015/243) into national legislation. This update highlights the most significant changes for trademark owners and practitioners. Read more

21 Jul 2020

“The death of trademark” – study finds that AI could adversely affect brand usage

A new research paper has looked at how improvements in AI could affect trademark doctrine – with the academic behind the study claiming that “trademarks may become less important in the future”. Read more

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