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29 March 2018

Court of Appeal: 'stick' and 'stix' are distinctive for Class 30 goods

In a somewhat unusual decision, the Turkish Court of Appeal has found that the words 'stick' and 'stix' were the dominant elements of the plaintiff's trademarks and that they were distinctive for Class 30 goods.

27 March 2018

As SERIAL trademark is refused, research reveals podcast industry lags behind in brand protection

​​​​​​​A trademark application for the term SERIAL, filed by the creators of the popular podcast of the same name, has been refused. It comes as research reveals that many popular podcasts have no registered protection.

27 March 2018

Suspension of official fees payable by foreign entities: brand owners should stay alert

Although the payment of official fees to the Venezuelan IP office has been suspended temporarily, foreign brand owners should be prepared and ensure that their representatives are nevertheless sent the relevant fees.

23 March 2018

Warning: discovery misconduct can cost more than just your case

In Klipsch v ePRO the US Court of Appeals for the Second Circuit has adopted a standard that “discovery sanctions should be commensurate with the costs unnecessarily created by the sanctionable behaviour”.

22 March 2018

Attorney urges businesses to “stand firm and plead bad faith” in Gleissner oppositions

An attorney who recently prevailed in an opposition against Michael Gleissner-linked trademark application explains why he worked the case “for the good of the system rather than profits”.

27 April 2018

Good news for brands owners: custodial sentences given to owners of stores selling counterfeit goods

Following a significant operation carried out at Ecuador’s largest informal market, the owners of three stores in which counterfeit goods were seized were arrested and given prison sentences.

25 April 2018

Victory for Coca-Cola: Delhi High Court grants permanent injunction against use of KINLEY

The Delhi High Court has issued a permanent injunction prohibiting Glacier Water Industries from using Coca-Cola’s KINLEY mark and passing off its goods as those of Coca-Cola.

09 May 2018

China’s trademark office to drastically reduce filing times; experts confident quality will be maintained

China’s State Intellectual Property Office has revealed that filing review times at the trademark office will be reduced to six months by the end of the year and to four months by 2020. We speak with experts in the country for their view on the implications of this ambitious move.

04 May 2018

3D Kit Kat mark: advocate general delivers further blow to Nestlé

The advocate general has delivered another blow to Nestlé in its long-running attempt to register the shape of its four-fingered Kit Kat bar as a three-dimensional EU mark.

02 May 2018

Beijing IP Court's LIVINGSOCIAL decision: proving copyright ownership in trademark disputes

In opposition proceedings against the device mark LIVINGSOCIAL, the Beijing IP Court has held that, without compelling evidence that the mark was created independently, it infringed the prior copyright of LivingSocial.

01 May 2018

Last orders! High phonetic similarity between marks for alcohol sufficient to create likelihood of confusion

The EU General Court has confirmed that there was a likelihood of confusion between YAMAS and LLAMA for alcoholic drinks due to the high phonetic similarity between the marks for the Spanish-speaking public.

01 May 2018

Coexistence of trademarks: Federal Court's decision reaffirms limited scope of consent agreements

The Federal Court of Canada has upheld the refusal to register EDMOND DE ROTHSCHILD because it was confusing with the registered mark ROTHSCHILD - despite the fact that the applicant submitted a consent agreement with the owner of the cited mark.

06 April 2018

First draft of new trademark law: what are the main changes?

The Romanian Patent and Trademark Office has published the first draft of the new trademark law, which aims to transpose Directive 2015/2436 into national legislation. This update sums up the most important changes.

03 April 2018

Is figurative mark containing word 'Mafia' contrary to public policy? General Court decides

The EU General Court has confirmed a decision of the EUIPO upholding the Italian government’s application for a declaration of invalidity of the figurative mark LA MAFIA SE SIENTA A LA MESA.

24 April 2018

Blow for Crocs: 3D mark representing famous clogs declared invalid

The Dominican Republic's Patent and Trademark Office has ordered the cancellation of a 3D trademark representing Crocs Inc's famous clog shoe, as the mark was considered to be functional.