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23 September 2013

Trademark Law: the long wait may soon be over

At present, there are no specific IP laws in Myanmar - but this is about to change. The Trademark Law is now being drafted and reviewed, and is likely to be the first IP law to be established in the country. Trademark owners should immediately seek protection for their marks under the Registration Act; by doing so, they will qualify for trademark protection under the new Trademark Law as soon as it comes into effect.

19 September 2013

Supreme People's Procuratorate statistics reveal growth in IP rights crimes

The Supreme People’s Procuratorate has released statistics on IP rights-related crimes for the first half year of 2013. The statistics show a year-on-year growth in IP rights crimes, with trademark-related crimes accounting for 80% of the total number of cases. However, procuratorates across the country have processed a substantial number of criminal cases during the past five years.

18 September 2013

TTAB considers assignments of intent-to-use applications

In Central Garden & Pet Company v Doskocil Manufacturing Company Inc, in the context of a consolidated opposition and cancellation action, the TTAB has held that, prior to the filing of a statement of use, a trademark applicant may not transfer an intent-to-use application to another, unless the assignee also acquires at least the part of the applicant’s business to which the mark pertains.

20 January 2014

Domain name registrars not secondarily liable for cybersquatting

In Petroliam Nasional Berhad v GoDaddy.com Inc, the US Court of Appeals for the Ninth Circuit has addressed, in a case of first impression, the issue of whether the Anti-cybersquatting Consumer Protection Act created a cause of action for contributory cybersquatting which would have extended liability to neutral domain name registrars.

17 January 2014

BMW obtains injunction against use of 'BMWCare' by independent mechanic

In Bayerische Motoren Werke Aktiengesellschaft v Ronayne, Trading as BMWCare, the High Court has issued an injunction restraining the defendant, an independent mechanic, from using the name BMWCare. Among other things, the court rejected the defendant’s argument that his activities were authorised by the decision of the ECJ in BMW v Deenik.

16 January 2014

Tesco fails to register CLUBCARD marks

The UK IPO has refused Tesco Stores Limited’s applications to register the word mark CLUBCARD and the figurative mark CLUBCARD for certain goods and services in Classes 9, 16, 35 and 36. Although the hearing officer did not dispute that Tesco is “one of the largest providers of a loyalty scheme in the United Kingdom”, she noted that much of the use of CLUBCARD was in combination with the mark TESCO and the slogan “Every little helps”.

16 January 2014

When is the deadline to file evidence not a deadline?

Following a decision of the adjudicator in inter partes proceeding under Section 29 of the Trademarks Ordinance (New Version) 5732-1972, it appears that the commissioner/adjudicator may relax the rules on submission of evidence via the filing of an affidavit, as prescribed in the ordinance, provided that compensation is paid to the other party.

15 January 2014

ECJ: genuine use requirements under Article 42(3) apply to international trademarks

In Rivella International AG v OHIM, the ECJ has confirmed that international trademarks that have effect in the European Union are subject to the genuine use requirements under Article 42(2) and (3) of the Community Trademark Regulation (207/2009). The ECJ also ruled that the General Court had been correct in holding that use of a CTM in the European Union was exhaustively and exclusively governed by EU law.

15 January 2014

TPI's change of practice should help prevent bad-faith applications

The Turkish Patent Institute has rejected a trademark application even though the applicant held a valid earlier registration for the same phrase. The TPI found that the application had been filed in bad faith, as the applicant was aware that there was a pending cancellation action against its earlier mark. Up to now, the TPI’s practice was to allow the application without waiting for the outcome of the court action based on the rights conferred by the earlier mark.

14 January 2014

General Court finds likelihood of confusion between word mark and composite mark

In Premiere Polish Co Ltd v OHIM, the General Court has held that there was a likelihood of confusion between the word mark ECOFORCE and the earlier figurative mark ECO FORTE, both covering goods in Class 3. The court reiterated that, where a mark consists of both word and figurative elements, the word elements must generally be regarded as more distinctive than the figurative elements, or even as dominant.

13 January 2014

SIDN introduces new security measures

SIDN, the registry responsible for the running of the ‘.nl’ namespace, has extended its ‘.nl’ Control service so that it now enables ‘.nl’ domain name registrants to prevent unauthorised changes to the glue records for their domain names. This new feature has been introduced further to an increasing number of DNS server hacks.

10 January 2014

Colgate-Palmolive fails to register 'sonic' mark for toothbrushes

In Colgate-Palmolive Company v OHIM, the General Court has held that there was a likelihood of confusion between Colgate-Palmolive’s mark 360° SONIC ENERGY and the earlier international mark SONIC POWER, both covering toothbrushes. Among other things, the court found that the common element ‘sonic’ gave rise to similarity between the marks, strengthened conceptually by the elements ‘energy’ and ‘power’.

10 January 2014

District court upholds refusal to register configuration of highchair as 3D mark

In Stokke AS v Registrar of Patents, Designs and Trademarks, the Tel Aviv District Court has upheld the registrar's decision to refuse Stokke AS' application to register the image of its Tripp Trapp highchair as a 3D trademark. In doing so, the district court relied on the Supreme Court’s ruling in the TOFFIFEE case, which concerns the registrability of product configuration.

18 September 2013

New regulation on '.tr' domain names comes into force

The Information and Communication Technologies Authority has issued a Communiqué on Internet Domain Names, which aims to regulate procedures and principles for registry agencies and for domain names registrations. The most significant change is that it will be possible to register domain names for which documentation is currently required without the need to provide any documentation.

17 September 2013

Defendant awarded maximum costs allowable under CDRP

A recent decision of a panel under the Canadian Internet Registration Authority Domain Name Dispute and Resolution Policy has highlighted the importance of good faith on behalf of a complainant and how a lack of good faith can justify a finding of reverse hijacking. The panel concluded that the complainant had commenced the proceeding to unfairly, and without colour of right, obtain transfer of the registration for the disputed domain name.