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03 October 2017

Apple fails in its opposition to MI PAD

Apple Inc opposed Xiaomi Singapore Pte Ltd's application to register the trademark MI PAD in Classes 9 and 38. The registrar examined the application pursuant to the Trademarks Act, finding that the mark was aurally and visually dissimilar to Apple’s IPAD mark and that there was no likelihood of confusion.

02 October 2017

Research reveals “low awareness” of IP valuation as debate over brand ranking tables rages on

New research from the UK Intellectual Property Office has found that there is “low awareness” of IP valuation within UK businesses, laying out a series of recommendations to boost take up. This comes as a new brand ranking list is released, and has been immediately met with scepticism by one of the leading marketing trade publications. The debate around brand valuation rankings tables clearly shows no sign of abating.

29 September 2017

Opening the door to product placement in Hong Kong?

The Communications Authority (CA) of Hong Kong recently announced a review of the codes of practice governing product placement in television programmes. Based on a survey that found that most viewers do not find product placement advertisements objectionable, the CA held that there is room to relax the codes.

28 September 2017

Bulgaria adopts new Ordinance on Industrial Property Representatives

The Bulgarian Council of Ministers adopted the new Ordinance on Industrial Property Representatives, under which all individuals wishing to become industrial property representatives must pass a qualifying exam. This is the first act in Bulgaria to establish industrial property representative as a regulated profession.

27 September 2017

Proposed life sentences for counterfeiters in Nigeria hailed as “a welcome development”

A bill in Nigeria has proposed a series of amendments to the country’s counterfeiting legislation, including life sentences for those convicted of selling certain types of counterfeit products. 

26 September 2017

Taiwan approves major amendment to protect trademarks at the border

A major amendment to the regulations governing customs border measures will be key in the protection of trademarks. The measures allow the owner of a trademark to apply to have it recorded on Customs' database, enabling Customs to seize counterfeits when it inspects imported or exported goods ex officio.

25 September 2017

Court awards Tiffany damages in Costco infringement case

In the most recent development in the trademark infringement case between Costco and Tiffany, the court awarded Tiffany $11.1 million in trebled profits and an additional $8.25 million in punitive damages. 

27 November 2017

Trading Standards versus Facebook: fakes on social media in the spotlight as issue rises up UK policy agenda

A report in the Sunday Times this weekend states that “the biggest investigation in Britain into fake goods on social media has identified tens of thousands of listings for counterfeit products on Facebook”.

23 November 2017

UDRP shields brand from cybersquatting under '.reviews'

In a recent decision under the Uniform Domain Name Dispute Resolution Policy a US home warranty company has obtained the transfer of a domain name identically reproducing its trademark under the '.reviews' new generic top-level domain. 

21 November 2017

A prickly case – ECJ upholds opposition against CACTUS mark

The EU Intellectual Property Office has appealed a decision concerning two opposing marks containing the word 'cactus', based on a likelihood of confusion. The European Court of Justice considered whether a previous case regarding specificity of goods and services covered by trademark applications applied retrospectively, and whether use of the device aspect of an earlier mark alone could constitute genuine use of the earlier mark and thus fall within the regulation.

15 November 2017

New decree benefits trademark registration in Russia

The Russian government has issued the Decree of the Government of the Russian Federation 1151, amending official fees related to patents, trademarks and other objects of industrial property.

14 November 2017

“The results were mind-blowing”: study reveals widespread problem of domain name combosquatting

Recent research has provided new insights into the little-understood phenomenon of domain name ‘combosquatting’.

13 November 2017

Is parody funny? No, not if it’s done in bad faith

A hearing officer has deemed that filing of applications to support a potential parodying form of use against a competitor falls short of the standards of acceptable commercial behaviour.

10 November 2017

Major disruptions in the insurance sector and how brand strategies must evolve: exclusive data analysis

We look at trademark trends in the insurance sector, which is undergoing an incipient transformation that could present significant risks and opportunities for brands.

22 September 2017

Cheerios yellow box rejected for trademark registration

The Trademark Trial and Appeal Board (TTAB) recently held that General Mills did not provide sufficient evidence to support the claim that its iconic yellow cereal box had acquired sufficient distinctiveness to allow registration. The TTAB ruled that consumers do not perceive the colour yellow to be a source indicator due to the substantial number of other cereal products in the marketplace which use yellow packaging.