Brand registration alone is insufficient. Financial and professional services need to take a realistic view of the unauthorised use of brands and ensure that their trademarks are not diluted and abused.
India's banks operate in one of the world's most active fintech markets. As fraudsters try to take advantage, financial companies must be ready to stop brand infringement.
Financial companies must balance what is distinctive and recognisable in a brand with what is descriptive and easy to understand. Moreover, defensive registrations can provide greater protection against brand damage.
Until recently, Italian banks traditionally had highly descriptive names but fell victim to the inherent weakness of those names as trademarks. Banks are now seeking more distinctive names to improve their image and strengthen their brand.
All parties conducting civil litigation in the United Kingdom should follow the Civil Procedure Rules, which set out how cases should be conducted before and after proceedings have been issued.
Turkey has no arbitral institutions that specialise in IP disputes. However, it is accepted that, regardless of their nature, trademark disputes that can be settled between the parties may be subject to arbitration.
Parties to unfair competition and trademark infringement cases pending before a court, or in proceedings before the TTAB, have the option to participate in alternative dispute resolution procedures, such as arbitration or mediation.
The relevant legislation for trademarks in Mexico is the Industrial Property Law and its recently amended regulations – the new provisions entered into force on 10 August 2018. The amendments involve substantial changes to Mexico’s IP system.
Under Saudi trademark law, there are clear provisions relating to the award of damages in trademark infringement cases. However, the award of damages is dictated by the principles of Islamic Sharia.
A bifurcated system exists in Greece. The Trademark Office and the administrative courts are exclusively competent for all matters related to the existence and cancellation of marks, including oppositions and invalidity actions.
While the bar is set quite high for evidencing use-acquired trademark rights, owners of unregistered trademark rights are afforded the same courses of action as proprietors holding registration certificates from the NIPO.
The special commercial regional trial courts have jurisdiction over civil actions involving IP rights violations with damages claims of any amount.
In 2015 the Indian legislature passed a new act – the Commercial Courts Act – which came into effect in January 2016, with the objective of streamlining and expediting commercial lawsuits, including IP disputes.
The Russian court system comprises federal courts and regional courts (ie, regional constitutional courts and magistrates). IP matters are under the exclusive jurisdiction of the federal courts.
China has a triple track trademark protection system. Trademark administrative litigation can be brought to challenge the validity or registrability of trademarks, while civil and criminal actions are available against trademark infringement.