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15 September 2009

Switzerland

The basic principles for trademark protection in Switzerland are laid down in the Federal Act on the Protection of Trademarks and Geographical Indications 1992 and the Trademarks Regulation 1992, which have been repeatedly revised.

15 September 2009

China

After many years of accumulating knowledge, particularly since liberalization, China has now established an effective legal system for the protection of trademark rights. The key piece of legislation is the Trademark Law.

15 September 2009

Russia

Part IV of the Civil Code of the Russian Federation entered into force on January 1 2008. It incorporates all the IP laws into a single statute. Chapter 76 of Section VII of the Civil Code contains the trademark legislation.

15 September 2009

Argentina

The relevant national trademark laws are Law 22.362 on Trademarks and Commercial Designations, and Decrees 558/81 and 1141/03 implementing regulations of the Law on Trademarks and Commercial Designations.

15 September 2009

Japan

The Trademark Law and its related regulations govern the registration and protection of trademarks in Japan. In addition, the Unfair Competition Prevention Law protects well-known trademarks, both registered and unregistered, and certain configurations of goods from unauthorized use.

15 September 2009

Benelux

In 1971 the national trademark laws of Belgium, the Netherlands and Luxembourg were replaced by one uniform Benelux Trademark Act. From a trademark law point of view, the Benelux countries are to be regarded as one entity. Consequently, the registration of a trademark can relate only to Benelux as a whole.

15 September 2009

Serbia

The fundamental legislation governing trademarks is the Trademark Act, which came into force on January 1 2005. More detailed procedures for filing and prosecuting trademark applications are contained in the new Decree on Trademark Examination Procedure (28/05) issued on July 8 2005.

15 September 2009

Israel

The relevant national laws include the Trademarks Ordinance (new version - 5732/1972), the Trademarks Regulations 1940, the Trademarks Regulations (Appeal before the Supreme Court) (5748/1987) and the Trademarks Order (Protection of Industrial Property) 1934.

15 September 2009

Cyprus

Trademarks in Cyprus are governed by, among other things, the Paris Convention for the Protection of Industrial Property, the World Intellectual Property Organization Convention, the Madrid Protocol and the Agreement on Trade-Related Aspects of Intellectual Property Rights.

15 September 2009

Germany

The German law on trademarks is governed by the Trademarks Act and the Trademarks Regulation. Further acts of relevance include the Registered Designs Act, the Copyright Act, the Act against Unfair Competition and the Civil Code.

15 September 2009

Romania

Trademarks in Romania are governed by the following laws and regulations, among others: the Law on Trademarks and Geographical Indications (84/1998), Government Decision 833/1998 on the Regulations for the Application of the Trademarks Law and the Border Measures Law (344/2005).

15 September 2009

El Salvador

The Trademarks Law, adopted in 2002, strengthened the protection afforded to trademark rights by harmonizing the regime with international standards.

15 September 2009

India

The Trademarks Act 1999 governs the law of trademarks in India. Section 2(1)(zb) of the act defines a ‘trademark’ as a mark capable of being represented graphically and of distinguishing the goods and services of one person from those of another.

15 September 2009

Trademark law in 2008/2009

The past 12 months have seen unprecedented challenges to the business of protecting trademark rights. The economic meltdown has forced brand owners and their external advisers to consider new ways of doing business.

15 September 2009

United States

In the United States, trademark law is governed by federal and state law. Federal trademark law is governed by the Lanham Act, which governs the scope of trademark use, registration, protection and enforcement.