Europe

Domestic trademark filings propel growth in Iran, although international demand stutters

Iran's trademark activity has been spurred on by residential filings, with international companies keeping a distance, according to our exclusive data analysis. 

Domestic trademark filings propel growth in Iran, although international demand stutters
16 Jan 2019

What the UK government’s Brexit deal defeat means for trademark owners

The UK government suffered a catastrophic defeat on Tuesday night after the House of Commons firmly rejected its Brexit deal. We take a look at what the result means for trademark owners, including a claim that rights holders are “back at square one".

15 Jan 2019

Supermac’s trademark victory over McDonald’s is a “warning” to major brands

In a landmark judgment, Irish fast food chain Supermac’s has prevailed in a dispute with McDonald’s over the use of the BIG MAC trademark.

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18 Jan 2019

Important changes to Irish trademark law – what you should know

Important changes to Irish trademark law came into effect on 14 January 2019. This update highlights a number of key changes that trademark owners and attorneys should be aware of. Read more

17 Jan 2019

Amended German trademark law comes into force - key changes highlighted

The Trademark Law Modernisation Act, which aims to transpose Directive 2015/2436 into German law, has come into force. This update reviews the changes that will have the greatest impact on mark owners. Read more

16 Jan 2019

Sky skewers Samsung in 'Q' case

The UK Intellectual Property Office has upheld an opposition filed by Sky, the owner of a figurative mark intended to be seen as ‘Q’, against the registration by Samsung of a mark representing the letter ‘Q’. Read more

14 Jan 2019

Mediation now mandatory for monetary-related IP disputes

Mediation is now mandatory in Turkey for actions relating to commercial receivables, which cover certain types of IP disputes.  Read more

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Anti-counterfeiting

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7 Jan 2019

Reports of PIPCU’s demise greatly exaggerated as UKIPO commits to future funding

Over the weekend, a national media outlet reported that plans to fund the City of London Police’s Intellectual Property Crime Unit beyond June 2019 have “fallen through”. However, WTR can reveal that the unit is planning for the future. Read more

14 Dec 2018

Brands in the Nordics embrace change as filings remain steady: exclusive data analysis 

In our latest data report, we look at Sweden, Norway, Denmark and Finland, and reveal how the leading brands in each country are having to adapt their business tactics to maintain a competitive edge in a changing market. Read more

7 Dec 2018

Turkey plain packaging, WIPO praises Pakistan IPO and '.amazon' up in the air: news round-up

In our latest round-up, we look at a tussle over BRENT marks in Singapore, a "worrying trend" of retail fakes in Papua New Guinea, a new UK IP minister, and much more. Read more

30 Nov 2018

Finnish IP office launches chatbot, Lazada signs MOU and JPO fakes campaign: news round-up

In our latest round-up, we look at luxury brands avoiding Black Friday discounts, Edible Arrangements filing a trademark lawsuit, a huge counterfeit haul in Paraguay, and much more. Read more

Brand management

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8 Jan 2019

Protecting and enforcing design rights: Spain

The legal framework relating to industrial designs in Spain is circumscribed, as far as national legislation is concerned, to Law 20/2003 on the Legal Protection of Industrial Designs (7 July 2003) and the Regulation for the Implementation of Law 20/2003 on the Legal Protection of Industrial Designs, approved by Royal Decree 1937/2004 (7 September 2004). Read more

8 Jan 2019

Protecting and enforcing design rights: Poland

The Polish design regime is largely based on registration. The crucial requirements for a design to enjoy protection are novelty and individual character. However, design applications are examined for compliance with formal requirements only. Read more

7 Jan 2019

Protecting and enforcing design rights: Hungary

The national industrial design protection regime grants legal protection for the appearance of the whole or a part of a product, from the features of, in particular, the lines, contours, colours, shape, texture and materials of the product itself or its ornamentation. Read more

7 Jan 2019

Protecting and enforcing design rights: Greece

With regard to national industrial designs, Greece has a ‘partially cumulative’ protection system. According to this doctrine, a registered design is eligible for protection under both copyright and design law, provided that the requirements for each type of right apply.  Read more

Enforcement and litigation

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14 Jan 2019

Mediation now mandatory for monetary-related IP disputes

Mediation is now mandatory in Turkey for actions relating to commercial receivables, which cover certain types of IP disputes.  Read more

11 Jan 2019

Preliminary injunctions granted against Blablatel Mobile for parallel imports

In a dispute between two mobile phone companies, the EU Trademark Court Number 1 of Alicante has confirmed that importing goods that were originally intended to be marketed outside the European Economic Area without the trademark owner's consent constitutes infringement. Read more

11 Jan 2019

MysteryBrand denies selling fakes, T-ara dispute concludes, and Slovakia IPO ditches fax: news digest

In our latest news digest, we look at the USPTO hiring a deputy general counsel, how domain name management is “just as important” as brand protection, the Paraguay IPO pledging more counterfeit enforcement in 2019, and much more. Read more

9 Jan 2019

Federal Supreme Court: Producers must prove that Champagne does not determine taste of ‘Champagner Sorbet’

In a dispute over the use of the name ‘Champagner Sorbet’, the German Federal Supreme Court has held that the burden of proving that the ingredient Champagne does not determine the taste of ‘Champagner Sorbet’ rests on the claimant, a French association of Champagne producers. Read more

Goverment/policy

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7 Jan 2019

Turkish government introduces restrictions on use of trademarks on tobacco products

The control of tobacco consumption has long been one of the top priorities of the Turkish government. In November 2018 Law No 7151 entered into force, introducing new regulations regarding the packaging of tobacco products. Read more

14 Dec 2018

A small step and a giant leap for the Latvian Patent Office

Over the past year, creating a new legislative reality and increasing quality have been core focuses for the Latvian Patent Office. Read more

4 Dec 2018

Angola brand deadline looms, France and Peru sign IP action plan, and new Chile trademark guidelines: news round-up

In our latest round-up, we look at the United Kingdom’s IP minister seat being vacant once again, question marks over affiliate links on Instagram, puns being encouraged at the Philippines IP office, and much more. Read more

29 Nov 2018

European Union and United States announce record-breaking counterfeits crackdown; do domain seizures actually train infringers?

This week, both Europol and ICE reported record-breaking numbers in regard to takedowns of domain names selling counterfeit products. One expert tells us that infringers have found an easy solution to this temporary obstacle. Read more

Law firms

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17 Dec 2018

Building for the future

Trademark practices of the future will be very different to those of today. We take a look at what law firms can – and should – do to ensure that they stay ahead of the game. Read more

21 Nov 2018

Baker McKenzie tops European law firm brand index; non-traditional firms “gaining credibility”

Baker McKenzie has topped a new ranking of the leading law firm brands in mainland Europe, with “global firms beating out Euro-centric firms” according to market analysis firm Acritas.  Read more

20 Nov 2018

Russian president on fakes, Google trademark win, and tale of the counterfeit-catching brothers: news round-up

In our latest round-up, we look at Pakistan stepping up its fight against fakes, the Finnish IP office reminding users about an impending trademark change, IP Australia seeking user input, and much more. Read more

9 Nov 2018

Sweden to modernise trademark rules, new USPTO deputy director, and Benelux fee changes: news round-up

In our latest round-up, we look at a study showing the scale of illicit alcohol, a Counterfeit Mini ad being lauded, luxury brands' increasing use of sound design in their products, and much more. Read more

IP offices

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4 Jan 2019

Trolls on the rise, Brexit disruption and China’s domination: data trends of 2018

Having just rung in the new year, it is the perfect time to look at the trends which have characterised the trademark landscape in 2018, and discuss what is to come in 2019. Read more

2 Jan 2019

Brexit in focus: end-of-year review from the UKIPO

While Brexit has been the primary focus of many practitioners in the United Kingdom, the UK Intellectual Property Office witnessed various other changes and developments in 2018. Read more

25 Dec 2018

A call for change – trademark protection in Italy looks set to transform

There is a need for change in Italy’s IP sector thanks to attempts to harmonise the national trademark regulations of EU member states and the global increase in technological innovation and online activity. Read more

19 Dec 2018

An anniversary, a reshuffle and an EU directive: evolution and change in Sweden

Celebrating the 20th anniversary of the relocation of the design and trademark department, the Swedish Patent and Registration Office looks back on a busy year. Read more

Online

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9 Jan 2019

Is Brexit spurring a ‘.eu’ domain exit?

The latest Progress Report released by EURid has revealed a drop in the overall number of registrations under ‘.eu’. Is the uncertainty surrounding Brexit a factor in the decrease in the number of domain name registrations and renewals? Read more

21 Dec 2018

Cybersecurity insurance: an opportunity for online brand protection?

Cyberinsurance has become an indispensable tool in the management of internet-based risks and a key asset when it comes to online brand protection strategies. Read more

19 Oct 2018

Facebook’s WHOIS access woes, DPMA’s IP workshop for refugees, and Santa-Cruz leaves INAPI: news round-up

In our latest round-up, we look at the Croatian president talking up nation branding, Gucci voicing “reluctance” to work with Alibaba and JD.com, brand owners readying themselves for motion marks, and much more. Read more

15 Oct 2018

Genericism: is the trademark education video the new norm?

The recent Velcro video was highly successful in generating discussion about the use of the company’s trademark, providing crucial insight into brand communication strategies. Read more

Portfolio management

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8 Jan 2019

Protecting and enforcing design rights: Spain

The legal framework relating to industrial designs in Spain is circumscribed, as far as national legislation is concerned, to Law 20/2003 on the Legal Protection of Industrial Designs (7 July 2003) and the Regulation for the Implementation of Law 20/2003 on the Legal Protection of Industrial Designs, approved by Royal Decree 1937/2004 (7 September 2004). Read more

8 Jan 2019

Protecting and enforcing design rights: Poland

The Polish design regime is largely based on registration. The crucial requirements for a design to enjoy protection are novelty and individual character. However, design applications are examined for compliance with formal requirements only. Read more

7 Jan 2019

Protecting and enforcing design rights: Hungary

The national industrial design protection regime grants legal protection for the appearance of the whole or a part of a product, from the features of, in particular, the lines, contours, colours, shape, texture and materials of the product itself or its ornamentation. Read more

7 Jan 2019

Protecting and enforcing design rights: Greece

With regard to national industrial designs, Greece has a ‘partially cumulative’ protection system. According to this doctrine, a registered design is eligible for protection under both copyright and design law, provided that the requirements for each type of right apply.  Read more

Trademark law

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8 Jan 2019

Sweden allows hologram marks, plain packaging design gets thumbs up, and Dyson fakes seized: news digest

In our latest news digest, we look at the US Supreme Court confirming that it will rule on scandalous trademarks, a retailer called Pooey Puitton going up against Louis Vuitton, IP Australia joining TMclass, and much more. 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

8 Jan 2019

Protecting and enforcing design rights: Turkey

Designs are protected by the new Industrial Property Law (6769), which entered into force on 10 January 2017. According to the new law, both registered and unregistered design protection is available for new and distinctive designs. Read more

8 Jan 2019

Protecting and enforcing design rights: Switzerland

Swiss design is characterised by its hybrid status – it is influenced by the German tradition of functionalism and the Italian radical design of the 1960s. Swiss design lies somewhere between ‘form follows function’ and ‘anything goes’ – it is functional yet rich; linear while unexpected; practical and refreshing. Read more

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