The former general counsel of MEGA Brands has described how the opinion of the advocate general of the ECJ into LEGO's attempts to register its building block as a 3D trademark, which sets out a new three-stage test for determining registrability, “deftly picks apart LEGO’s too-clever-by-half arguments".
The ruling of the Benelux Office of Intellectual Property in Onel has created uncertainty over what constitutes genuine use of a mark in the European Union.
US trademark filing data has revealed that boutique firms and those willing to adapt their fee structures are faring well despite the global economic downturn.
Trademark owners are concerned that the EU Commission's study into the European trademark system will not fully consider the issues facing national offices, a document prepared by INTA confirms.
The Rb8,000,000 (approximately $300,000) compensation award handed to business magazine Forbes in a cybersquatter case "appears precedential", according to a leading domain name lawyer in Russia.
The chair of European trademark owner association MARQUES has requested that CTM owners be given more of a say in the recruitment of senior staff at OHIM.
The US government is, for the first time, seeking input from brand owners at public hearings as part of the annual Special 301 review process.
Commentators have suggested that OHIM is attempting to restore one of the original purposes of the EU Commission's trademark study, following the release of its submission to researchers earlier this week.
INTA has responded to criticism that it tried to "hijack" an online consultation regarding the gTLD programme.
The study into the functionality of the European trademark system is now moving along at a fast pace, WTR has learnt.
Brand owners drafting a response to the recommended "mandatory" adoption of trademark protection proposals for the new gTLDs have broadly welcomed the latest development but "serious concerns" remain.
OHIM has proposed the redistribution of funds from the CTM fee surplus back to the mark owners who "overpaid".
The Canadian Intellectual Property Office has opened a new consultation on proposed amendments to the Trademarks Act, a move that commentators argue is more politically driven than a response to high levels of demand from domestic mark owners.
The merger of Lovells and Hogan & Hartson, which will combine 370 IP specialists, indicates that law firms are now "looking beyond the recession", according to a legal market analyst at Altman Weil.
The adoption of mandatory rights protection measures in the new domain name space will be recommended to the board of ICANN, WTR has learnt.