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29 August 2018

Can fluid marks be considered part of a client’s IP portfolio in Mexico?

Mexico recently introduced a number of legal amendments whereby the types of registration for distinctive signs were extended to include non-traditional marks. However, fluid mark protection remains a riddle.

29 August 2018

Canada moves ahead with fluid marks

Major amendments to Canada’s Trademarks Act are set to broaden the ability of brand owners to protect fluid marks, but will also introduce new obstacles to slogans.

29 August 2018

Perpetual revolution: protecting fluid trademarks in Russia

Fluid trademark strategies can strengthen brand recognition but the non-conventional nature of such marks needs to be understood to avoid weakening protection and risking non-use cancellation cases.

29 June 2018

Criminal complications – Turkey’s counterfeiting challenge

Turkey is a tourist hot spot – but as the visitor numbers escalate, so too do the fake products. A good brand protection strategy can help to reduce the visibility of counterfeit products riding on the coattails of a trademark.

29 June 2018

Everything old is new again? Protecting traditional fashion designs as non-traditional marks

A pending US district court case on a fashion company’s efforts to protect a handbag design as a non-traditional trademark under US law – even though variations of the design have long been in the public domain – should provide much-needed clarity on this area.

29 June 2018

India promises market potential but challenges remain for luxury brands

While luxury brands are increasingly entering the Indian market, proving India’s potential as a destination for luxury products, they face some formidable challenges, including high import duties, lack of quality retail space and the ever-present threat of counterfeiting.

29 June 2018

Legal fakes and the shopping experience – Italy’s fashion challenges

Some so-called ‘legal fakes’ in Italy have so successfully fooled consumers and won over luxury and fashion brand fans that they have essentially supplanted the original brands, which are yet to conquer the country.

29 June 2018

Protecting fashion: a rounded IP strategy

Canada presents options for those seeking to protect and enforce rights in luxury brands, including effective mechanisms and alternatives for strategic defence and enforcement.

29 June 2018

China’s fashion and luxury brand challenge: trademark squatting and parallel imports

Regionality is a well-known characteristic of trademark protection and brings particular jurisdictional challenges for fashion and luxury brands. In China, these challenges include trademark squatting and parallel imports.

29 June 2018

Russia’s fight against fakes, imitations and replicas

Anti-counterfeiting measures will never succeed in removing all counterfeits from the market, but they do make it significantly more difficult for counterfeiters to produce and sell fakes.

29 June 2018

Symbols of the rich and famous: challenges for fashion and luxury brands

Innovation, notoriety, protective registration and counterfeiting are key challenges for fashion and luxury brands. Fortunately, Mexico has a complex system of enforcement in place.

01 May 2018

Turkish licensees’ obligation to use

Rights holders can significantly benefit from a proficient licensing agreement, provided that both parties uphold their end of the bargain. Depending on the type of agreement, licensees must fulfil various obligations before they can reap the rewards of a well-established trademark.

01 May 2018

Know your rights: grounds for ownership and opposition under a Mexican trademark licence

Mexican law follows international standards with regard to trademark licensing, and licensors can benefit from a licensee’s use of their mark even where the agreement has not been recorded. However, the local rules governing ownership in these circumstances are less clear.

01 May 2018

Trademark licensing in Canada: control is key

The upcoming amendments to the Trademarks Act may bring short-term uncertainty over ownership and licensing issues. One thing that is unlikely to change is the established principle of proving a licensor’s control over a mark.

01 May 2018

The rise of licensing in India

Advancements in technology and expanding marketplaces have been key to successful licensing programmes in India over recent years. Local trademark owners and licensees should now follow in the footsteps of international brands and adopt licensing as a core revenue stream.