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22 February 2009

Czech Republic

The main statute regulating marks is the Trademark Act (441/2003), which determines: what may constitute a trademark; the legal scope of the rights of trademark holders; the registration procedure; and some aspects of enforcement.

22 February 2009

European Union

The selection of a pharmaceutical trademark is increasingly complex given the size of the pharmaceutical market, the burgeoning number of pharmaceutical trademarks and the increasing number of languages in which those trademarks are registered.

17 February 2009

Second Supreme Court decision in STOLICHNAYA Case

The Supreme Court of Estonia has issued a second ruling in the case of Stol-I AS v Liviko AS, which involved the unauthorized use of the STOLICHNAYA mark. Among other things, the court held that a trademark licensee can claim damages for infringement for the period during which it was not yet established as a legal person and the licensing agreement had not been concluded.

13 January 2009

Advocate general delivers opinion on trademark rights exhaustion issues

In Copad SA v Christian Dior Couture SA, the advocate general has stated, among other things, that under Article 8(2) of the First Trademarks Directive, a trademark owner may invoke its trademark rights against a licensee who has violated the licence agreement by selling goods to a discount store if the sale causes such damage to the reputation of the mark that it calls the quality of the goods into question.

07 January 2009

Trademark managementThe lowdown on trademarks in an insolvency

Trademarks are important to the value of an insolvent business. The business may prove more valuable if split and, if so, its trademarks will be divested separately. This may give rise to practical and legal problems

07 January 2009

The problem with purple

The Cadbury group has been trying to obtain exclusive rights in a shade of purple for chocolate in Australia since 1998

07 January 2009

Ads, marks and avoiding trouble

Practitioners from the United States and Europe discuss the trademark issues involved in advertising

07 January 2009

Impact of economic downturn on brand value

In March 2008 brand valuation consultancy BrandFinance® published its BrandFinance 500 survey, which ranks the world’s most valuable brands. As a result of the turmoil in the world economy BrandFinance updated the results in September 2008, revealing a significant decline in brand values

07 January 2009

France in flux

The French market for trademark services could be set for a radical overhaul in the very near future. Practitioners and brand owners await the developments with interest

09 December 2008

London’s police force announces trademark licensing plans

London's Metropolitan Police Service has issued the first licence for its NEW SCOTLAND YARD mark for use on a variety of branded merchandise.

26 November 2008

Operational Guidelines for IP Rights Licensing released in Shenzhen

The Operational Guidelines for Intellectual Property Rights Licensing in Shenzhen, the first official guide on IP rights licensing, have been issued by the Shenzhen Municipal Intellectual Property Office. Among other things, the guidelines aim to promote the efficient utilization of IP rights and enhance the profitability of IP assets.

14 November 2008

Protection of unregistered trademarks and other commercial signs

Unregistered trademarks are protectable in Germany as long as they function as trademarks and have acquired a reputation through use. Other commercial signs may also be protected, with the distinctiveness requirements varying depending on the type of right sought

14 November 2008

Trademark coexistence agreements – practicalities and pitfalls

Whether signing a coexistence agreement is a good idea and what problems are likely to arise are two of the many aspects that owners of identical marks should consider

14 November 2008

Protection of unregistered trademarks and other commercial signs

Although China is a civil law country, unregistered trademarks may be protected as prior rights under the Trademark Law and the Anti-unfair Competition Law

14 November 2008

Inside track - Microsoft

The head of trademarks at Microsoft speaks to World Trademark Review about the changing definitions underpinning trademark law, dealing with cybersquatters and the need for faster prosecution and more staff, among other things