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27 January 2010

Mengozzi dismantles LEGO's 3D trademark hopes

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".

26 January 2010

ONEL ruling plunges Europe into confusion

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.

25 January 2010

New fee structures serve IP firms well during recession

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.

22 January 2010

EU researchers urged not to overlook national offices

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.

21 January 2010

Courts set "precedent" with $300,000 domain name judgment

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.

20 January 2010

CTM owners demand say in OHIM presidential race

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.

18 January 2010

USTR invites brand owners to Special 301 hearings

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.

15 January 2010

Mark owners spot strategy in OHIM's "radical" CTM refund plan

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.

15 January 2010

INTA responds to ICANN "hijack" allegations

INTA has responded to criticism that it tried to "hijack" an online consultation regarding the gTLD programme.

14 January 2010

EU trademark study on track

The study into the functionality of the European trademark system is now moving along at a fast pace, WTR has learnt.

13 January 2010

"Serious concern" over new ICANN policy group proposals

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.

13 January 2010

OHIM proposes CTM refunds from fee surplus

OHIM has proposed the redistribution of funds from the CTM fee surplus back to the mark owners who "overpaid".

12 January 2010

Political pressure results in Canadian consultation on Madrid adoption

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.

11 January 2010

Law firm merger signals post-recession strategy shift

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.

11 December 2009

ICANN policy group supports trademark protection measures for gTLDs

The adoption of mandatory rights protection measures in the new domain name space will be recommended to the board of ICANN, WTR has learnt.