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23 October 2017

Preparing for Brexit, working with competitors and trademark challenges following a Trump tweet: dispatches from Managing Trademark Assets 2017

Our latest event Managing Trademark Assets, which took place in Chicago last week, was focused around the theme of cost-effective management and communication of international portfolios. In this article we present just a few of the practical takeaways and discussion points from the day, including how to approach crisis communications and the creative tactics that can be employed to foster a cross-enterprise understanding of trademarks.

06 February 2018

Apex court: TDOs may declare that goods are imitations

The Federal Court has considered the meaning and significance of Section 9 of the new Trade Descriptions Act 2011.

05 February 2018

Singapore opens plain packaging consultation; hits out at “misleading” use of branding by tobacco companies

Singapore’s Ministry of Health has opened a public consultation on plain packaging. While doing so, it firmly dismisses legal and trade-related arguments against the measure, which should concern rights holders.

02 February 2018

Brazil on the rebound – service sector thrives, trademark backlog falls: exclusive data analysis

In our latest country data report, we identify the best performing brands in Brazil and review recent filing data to assess the health of the trademark landscape.

01 February 2018

Demise of Chief Wahoo shows how challenging Redskins brand was “successful legal failure”, expert claims

Prominent IP lawyer claims removal of the controversial Chief Wahoo logo from NBA uniforms next year is sign of changing attitudes.

22 January 2018

Hug wins opposition case against GULLON DARVIDA mark

The General Court has upheld a decision of the EUIPO Board of Appeal finding that there was a likelihood of confusion between the word mark GULLON DARVIDA and earlier DAR VIDA marks.

20 October 2017

No bad faith at renewal

In a recent decision under the Uniform Domain Name Dispute Resolution Policy, a World Intellectual Property Organisation panel denied the transfer of a domain name on the basis that there was no bad faith, and refused to depart from the general rule that bad faith must be found at the time of registration, not at the time of renewal.

19 October 2017

Lesotho requires declarations of intention to use

Lesotho has notified the World Intellectual Property Organisation that it now requires a declaration of intention to use when it is designated in an international application or subsequently designated in an international registration in terms of the Madrid Protocol. 

13 October 2017

Generic top level domains may not be generic

The US District Court for the Eastern District of Virginia recently overturned a finding by the Trademark Trial and Appeal Board that the mark BOOKING.COM was generic for travel agency services in Class 39 and hotel reservation services in Class 43. The ruling could have implications for applicants seeking trademark registration for domain names comprised primarily of descriptive or generic wording.

10 October 2017

Licensee cannot rely on its licensor’s trademark use to establish priority

For the first time, the Trademark Trial and Appeal Board considered whether a licensee can claim priority based on the purported common law trademark rights of its licensor. It held that a licensee cannot rely on the licensor’s use of a trademark to establish priority, even if the licensee has been appointed to represent the licensor’s IP rights in the United States.

09 October 2017

Surname with a generic term is still merely a surname

In a non-precedential opinion in In re Kunz Management LLC the Trademark Trial and Appeal Board affirmed a refusal to register the mark BRASSERIE KUNZ for restaurant services. The case is instructive for the proper introduction of website evidence and serves as a reminder that marks which combine a surname with a generic term will be considered primarily a surname.

06 October 2017

KIPO’s expenditure set to surpass income as filings drop reported: exclusive data analysis

In the first of a new series of country data reports from World Trademark Review, we identify the key trademark trends in the Korean market, consider where filing business is emanating from and highlight the performance of leading domestic brands.

10 November 2017

US trademark filings from China soar, but law firms struggle to capitalise amid warnings of suspicious activity

New data obtained by World Trademark Review has revealed a startling increase in trademark applications at the US Patent and Trademark Office (USPTO) that originate in China.

01 November 2017

Creative spelling in a figurative mark neutralised by public perception

In Biogena Naturprodukte GmbH & Co KG v European Union Intellectual Property Office (EUIPO) the EU General Court dismissed Biogena’s appeal against a decision of the EUIPO First Board of Appeal. Biogena argued that the board of appeal had wrongfully refused registration of its application for a figurative sign as it found the mark to be descriptive of the goods and services concerned and devoid of distinctive character.

01 November 2017

MOROCCANOIL successfully registered

A recent dispute between Moroccanoil Israel Ltd (MIL) and Aldi Foods Pty Ltd involved two separate actions. First, an action by MIL against Aldi and a cross-claim to remove MIL’s trademark registrations on the grounds that the marks were confusingly similar. Second, MIL’s appeal against the registrar of trademarks' decision to reject registration of the word mark MOROCCANOIL.