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17 March 2018

Argentina’s emergency trademark law amendments and reassuring filing figures; exclusive data analysis

World Trademark Review examines the IP profile of Argentina, exploring the potential impact of the new emergency decree on trademark law, while providing a thorough breakdown on filings at the Argentine register.

14 March 2018

Battle of the burgers: BURGERISTA held to be valid and infringed

Intellectual Property Enterprise Court has held that the mark BURGERISTA for restaurant services was valid and infringed by the sign BURGISTA for the same services.

13 March 2018

Former OAPI head accused of wrongdoing while in office; court reverses suspensions related to anti-Madrid collective

The former director general of OAPI, Paulin Edou Edou, has been accused of signing his own accreditation to be an OAPI trademark agent while still in office. It comes as a court reverses the suspension of IP attorneys for allegedly protesting OAPI’s accession to the Madrid Protocol.

12 March 2018

Turkish Higher Board takes different approaches to same device element in separate decisions

In two cases involving the figurative marks PELOTON ISTANBUL and CLUB PELOTONIST and the earlier word mark PELOTON, the Re-examination and Evaluation Board has reached similar conclusions but followed very different approaches.

11 March 2018

Oil and gas sector emerges from downturn but brands continue to struggle: exclusive data analysis

In this week’s data report, World Trademark Review takes a look at the oil and gas sector through a trademark lens. In addition to providing an overview of key industry trends, we reveal the top filing classes and the rise of Chinese brands.

30 April 2018

US government ranks Canada’s border enforcement on same level as China; Special 301 adds Saudi Arabia and UAE

The USTR has published the 2018 Special 301 Report, and Canada has been added to the Priority Watch List due to “a failure to resolve key longstanding deficiencies in protection and enforcement of IP”.

27 April 2018

New hope for 'Black Friday' offers in Germany?

The German Patent and Trademark Office has held that the trademark BLACK FRIDAY was descriptive and must therefore be kept free for use by competitors.

26 April 2018

Law on 2024 Paris Olympics enters into force - what you need to know

Law 2018-202 on the organisation of the 2024 Olympic and Paralympic Games, which will take place in Paris, has come into force. This update sums up the main points of interest with regard to intellectual property.

23 April 2018

Birkenstock unsuccessful on appeal: 'patterned sole' mark held invalid

The appointed person has upheld a decision of the hearing officer finding that Birkenstock's ‘patterned sole’ UK trademark was invalid for lack of distinctiveness.

23 April 2018

Court of Appeals: target consumers' level of attention rules out likelihood of confusion

In a landmark decision, the Turkish Court of Appeals has held that the level of attention of the target consumers plays a significant role in the assessment of the likelihood of confusion.

26 February 2018

Supreme Court: risk of damage to one of trademark's functions is sufficient to constitute infringement

The Supreme Court has considered whether use of a former supplier's mark on the packaging of the new supplier’s products constituted infringement. 

23 February 2018

No fan site for tribute band: use of mark in domain name created implied affiliation with complainant

A WIPO panel has ordered the transfer under the UDRP of a domain name that matched the name of a famous pop group and belonged to a tribute band.

21 February 2018

PyeongChang Winter Olympics: government signals that ambush marketing will not be tolerated

The government has indicated its intention to regulate ambush marketing by adding specific provisions to the 2018 PyeongChang Olympic and Paralympic Winter Games Act.

19 February 2018

General Court confirms likelihood of confusion between 'jumping cats' marks

In Arctic Cat v EUIPO, the General Court has upheld a decision of the Fifth Board of Appeal of the EUIPO finding that there was a likelihood of confusion between two figurative trademarks representing a jumping wild cat for goods in Class 25.

12 February 2018

General Court confirms rejection of FACK JU GÖHTE; rare application of Article 7(1)(f)

In Constantin Film Produktion GmbH v EUIPO, the General Court has upheld a decision of the EUIPO rejecting an application for the mark FACK JU GÖHTE for a wide range of goods and services under Article 7(1)(f) of Regulation 207/2009.