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29 July 2019

The top filers and a vision for the future: inside EUIPO operations

Less than a year into Christian Archambeau’s tenure as executive director, the EUIPO is laying the groundwork for future expansion. World Trademark Review’s annual focus on the office assesses current operations, reveals the most proactive filers and explores how the agency is taking a global view of trademarks.

29 July 2019

CBD-infused food and beverages: in the crosshairs for a food labelling class action?

With the regulatory gap in food and beverage labelling yet to be bridged, the legal landscape for manufacturers looking to enter the hemp-based cannabidiol market remains murky.

29 July 2019

National treatment: overcoming obstacles to appealing TRAB decisions at the Beijing IP Court

The principle of national treatment may hinder the ability of some foreign companies to exercise their right to appeal Trademark Review and Adjudication Board decisions to the Beijing IP Court. However, there are various strategies that foreign companies can employ to overcome the hurdles that they face.

29 July 2019

Non-traditional marks in Latin America: the current landscape

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play.

29 July 2019

Myanmar transforming: the state of the legal market and how IP law firms can capitalise

Following the signing of major legislation, Myanmar’s IP environment is on the cusp of transformation. We provide an insider’s view on how law firms can position themselves to capitalise on inbound work from major international brands.

29 July 2019

How trademarks can transform a start-up into a unicorn

A new study shows that start-ups and SMEs that invest in trademarks have a much better chance of experiencing high growth, yet only a small proportion of such businesses make this investment.

29 July 2019

New dawn in Nigeria: evolution of the trademark ecosystem in Africa’s biggest economy

Nigeria has long been a challenging jurisdiction in which to obtain and enforce registered trademark rights. Recent changes represent significant and positive steps forward, as issues are finally being addressed.

29 July 2019

DON LUCIANO v LUCIANO SANDRONE: General Court considers conceptual comparison of signs containing personal names

In Luciano Sandrone v EUIPO, the EU General Court has considered the conceptual comparison between signs containing a surname or first name and recognised that the case law is unsettled on this point.

26 July 2019

“A hostile takeover” – entrepreneur accuses St Andrews Links of aggressive enforcement

The owner of a British alcohol company claims “our trademarks are being weaponised against us" in legal disputes with St Andrews Links. However, local businesses take a different view to such trademark enforcement.

26 July 2019

Achilles' heel: UDRP complainants should provide detailed evidence when relying on unregistered or common law rights

A recent decision involving the domain name ‘threadsofapollo.com’ highlights the importance of submitting comprehensive evidence to support assertions in a UDRP complaint, especially when a party relies on unregistered or common law rights in its submissions.

26 July 2019

ZARA horror! UKIPO finds no likelihood of confusion between ZARA and ZOHARA

In a surprising decision, the UK Intellectual Property Office has held that there is no likelihood of confusion between the marks ZARA and ZOHARA, despite considering the majority of the respective goods to be identical and similar.  

26 July 2019

NASA has one small portfolio of trademarks, one giant global identity for its brand

In an exclusive data analysis, we find the American space agency has a minimalist portfolio – a trend among federal agencies – yet maintains a strong brand identity around the world.

25 July 2019

CJEU confirms lack of likelihood of confusion between marks designating identical and similar goods and services

The Court of Justice of the European Union has confirmed that there was no likelihood of confusion between a figurative sign including the element ‘Fl’ and a heart symbol and the earlier figurative mark FLY.DE for identical and similar goods and services.

25 July 2019

Non-traditional marks in Latin America: close-up on Colombia

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play in Colombia.    

25 July 2019

No jury trial for trademark infringement claims

In a recent cosmetics trademark infringement decision, the US Court of Appeals for the 11th Circuit has considered an issue of first impression concerning the Seventh Amendment right to a trial by jury.