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07 May 2008

Italy

The legislation governing trademarks at national level includes the Intellectual Property Code (Legislative Decree 30/2005, which entered into force on March 19 2005).

07 May 2008

Hungary

The laws and regulations governing trademarks in Hungary are as follows: - Act 11/1997 on the Protection of Trademarks and Geographical Indications (wording that entered into force on April 15 2006);...

07 May 2008

Thailand

Trademark registration in Thailand is governed by the Trademark Act BE 2534 (1991) and its subsequent amendment, which came into force on June 30 2000. The act provides the owner of a registered trademark with the exclusive right to use the mark in the course of trade. In addition to the specific laws, the Penal Code, the Civil and Commercial Code, the Consumer Protection Act and other ministerial regulations are also essential in enforcing trademark rights.

07 May 2008

Jamaica

The relevant laws in Jamaica include the Trademarks Act 1999 and the Trademark Rules 2001, as well as the Fair Competition Act 1993.

07 May 2008

Germany

The laws and regulations governing trademarks in Germany include the Trademark Act 1995, last amended December 2004, and the Copyright Act 1965, last amended September 2003.

07 May 2008

United States

US trademark law is generally governed by the Lanham Act, which was enacted in 1946 and is codified at 15 USC 1051 et seq. The Lanham Act addresses trademark protection at federal level.

07 May 2008

European Union

The Community trademark (CTM) was established by the Community Trademark Regulation (40/94/EC). The CTM is a supra-national right providing registered trademark protection throughout the 27 member states of the European Union, while sitting alongside national trademark and other IP rights.

30 April 2008

Nobody does it like Sara Lee

The sheer size of Sara Lee’s portfolio means that its trademark department tackles almost every aspect of trademark protection and enforcement. Other rights holders can learn much from its approach to copycat products and counterfeiting

30 April 2008

Trademark managementMaintaining brand integrity in the marketplace

Vigilance on the part of trademark owners is vital to ensuring that a trademark’s goodwill is not exploited or damaged. This column explores the ways in which brand owners can stop unlawful actions and protect brand integrity

30 April 2008

Branding in China: avoiding a false start

Western companies have been knocking at China’s door for three decades now, all trying to entice the country’s massive purchasing power to their products. Two questions continue to nag at these companies as they consider the Chinese market

30 April 2008

Best practice in devising a litigation strategy

Infringement is, unfortunately, often an unavoidable fact of life for brand owners. Putting in place the most appropriate litigation strategies can help to lessen the pain

30 April 2008

Making the most of BVI corporate vehicles

International brand owners looking to invest in new markets and needing effective corporate set-ups to manage their trademark portfolios should consider the British Virgin Islands

30 April 2008

Shaken and stirred: the adventures of a Soviet vodka brand

The fate of the STOLICHNAYA brand since the collapse of the Soviet Union has been eventful, to say the least, with the fight over rights to the mark extending well beyond the borders of the Russian Federation. A close look at the dispute still raging in Australia provides an insight into the complexity of the issues involved

30 April 2008

Brands from the frontlineFamous and well-known marks: the challenges of protection

The owners of ‘well-known’ or ‘famous’ marks can benefit from cross-border protection, but far more needs to be done to harmonize the international principles behind these doctrines

25 April 2008

Supreme Court revokes entrepreneur's licence to use OTTO mark

The Supreme Court has stripped an individual named Wilfro Luminlun of his licence to use the trademark OTTO. Among other things, the court found that Luminlun's use of the mark for goods other than jeans violated the terms and conditions of a licence granted to Luminlun by the owner of the mark.