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04 March 2009

Nordic know-how on the up

The global slowdown is starting to bite in the larger trademark services markets of the Nordic region. However, some firms feel that strong cross-border expertise will give them an edge in an increasingly competitive field

04 March 2009

The view onlineIs a wolf in Grandma’s clothing confusing or just initially confusing?

As initial interest confusion on the Internet continues to divide the courts, our columnists suggest that they focus less on initial confusion and instead apply the traditional confusion test

03 July 2009

Non-traditional trademarks

Although a number of non-traditional signs are protectable as trademarks under EU law, Portuguese law and practice are rather more restrictive.

03 July 2009

New directions for laches defence

The laches defence can prove an effective weapon for striking out a trademark infringement claim in the United States. However, a controversial ruling from the Ninth Circuit may have served to raise the evidentiary burden placed on defendants

06 May 2009

Design lessons

Although registered Community design rights were introduced over six years ago, many important issues remain unresolved. However, an analysis of the 400 decisions issued by OHIM’s Invalidity Division provides some useful guidelines

06 May 2009

CTM fees slashed – at last

The fees for registering a Community trademark (CTM) were reduced on May 1.

06 May 2009

Trademark enforcement

Trademark rights can be enforced in Canada on the basis of both registered and unregistered rights, under the federal statute and the common law tort of passing off. Remedies include interlocutory injunctive relief, but proving irreparable harm often presents a tremendous challenge.

06 May 2009

2008 Case Law ReviewEurope, Middle East and AfricaDilution landscape in Europe altered by Intel

The Intel decision issued by the ECJ at the end of 2008 puts a limit on the protection of superbrands against the use of similar marks on unrelated products or services. Some argue that this may not be such a bad thing

04 March 2009

News focus

USPTO puts a limit to fraud

04 March 2009

Trademark prosecution and registration strategies

Marks that are similar and were filed close together in time are normally examined by the registrar of trademarks who will render a decision based, among other things, on the good faith of the applicants and the extent of use of the marks at issue.

04 March 2009

Trademark prosecution and registration strategies

Selecting the goods and/or services to be applied for in a trademark application is a more complex task than meets the eye. This is particularly true in Spain where the trademark office's practice differs from that of other EU IP offices.

04 March 2009

The shape of three-dimensional mark protection in Israel

Last year the Israeli Supreme Court issued two decisions that seemed to reverse the Trademark Office’s restrictive practice regarding the registration of three-dimensional marks. However, the interpretation of these rulings by the Trademark Office indicates that the issue is far from settled

04 March 2009

Trademark managementIt’s crunch time – are your IP assets ready?

As IP budgets are likely to be cut along with the budgets of most other in-house departments, it is time to review some key elements to ensure that the trademark department remains on top form

06 May 2009

Trademark enforcement

When it comes to enforcing their rights in the United States, mark owners can choose between a vast array of tools, including arbitration, litigation and anti-counterfeiting actions.

06 May 2009

Trademark enforcement

In Mexico trademark rights are enforced mainly through the Trademark Office. The enforcement of famous and notorious marks is governed by specific rules.