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12 September 2018

Trademark procedures and strategies: Portugal

The relevant trademark legislation in Portugal is the Industrial Property Code, which was approved by Decree Law 36/2003 of 5 March 2003. The Industrial Property Code is currently being revised by the Portuguese Parliament and government and a new code is expected soon.

12 September 2018

Trademark procedures and strategies: El Salvador

Any natural or legal person can apply for and acquire the right to own a mark in El Salvador. No conditions of nationality, domicile or establishment apply.

11 September 2018

Trademark procedures and strategies: United States

Trademark enforcement in the United States can be expensive and time consuming. As a result, trademark owners often enforce their trademark rights through informal means, such as cease and desist letters and negotiated settlements.

11 September 2018

INTA: a truly international association

INTA’s advocacy and engagement activities have continued to accelerate in response to the growing effect of the globalisation of trade, the emergence of the Internet and advances in communication technology. 

10 September 2018

Trademark procedures and strategies: Ukraine

The Trademark Act does not protect unregistered trademarks as such. However, in certain cases, the owner of an unregistered mark that is used in Ukraine can protect its rights on the grounds of unfair competition laws. 

10 September 2018

Trademark procedures and strategies: Switzerland

Any natural or legal person can apply for trademark registration in Switzerland (restrictions apply to geographical marks). Foreign applicants must indicate a service address for use in Switzerland. 

10 September 2018

Trademark procedures and strategies: Spain

At an international level, the Trademark Act has adapted Spanish law to the general legal framework established within the international community. 

10 September 2018

Trademark procedures and strategies: Serbia

Foreign undertakings not based in Serbia must be represented by a local attorney or registered IP agent. Power of attorney can be filed belatedly and need not be notarised or legalised.

10 September 2018

Trademark procedures and strategies: Sweden

Any natural person or legal entity can apply for a mark and representatives do not require a power of attorney before filing. Anything that can be graphically represented is eligible for trademark protection.

10 September 2018

Trademark procedures and strategies: United Kingdom

In the United Kingdom, any legal or natural person can apply for registered trademark protection, provided they declare that the mark is being used by them, or with their consent, or there is a genuine intention to use the mark for the goods and services specified.

07 September 2018

Trademark procedures and strategies: Romania

The Romanian trademark system is based on the first-to-file principle and registration is possible without the need to show genuine use. However, if an application is refused registration for lack of distinctive character, the refusal can be overcome if the mark has acquired distinctive character through prior use.

29 August 2018

Safeguarding dynamic marks and slogans in India

Fluid trademarks and slogans are excellent marketing tools as they engage customers and improve sales, but their enforceability remains challenging.

29 August 2018

How to avoid pitfalls in Turkey when it comes to dynamic marks

Fluid trademarks are fun and innovative marketing tools for brand owners, but as there is no express protection for such marks in Turkey, they can be legally unstable and vulnerable.

29 August 2018

Keeping it fresh: Italy’s new approach to distinctive signs

Although branding companies and professionals have embraced the concept of fluid trademarks, it remains a highly complex field requiring close cooperation between IP attorneys and brand owners.

29 August 2018

Kapow! How to manage marks in the world of comic books

Fluid marks can breathe new life into a brand and are frequently used to grab audience attention. However, a trademark must be used consistently to maintain its registration.