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27 October 2019

The Trump Trademarks; Uber exclusive interview; Rubik’s Cube decision reaction; counterfeit hotspots revealed; plus much more.

Everything we covered on WTR over the past seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week.

25 October 2019

Technological developments widen scope of admissible evidence in opposition proceedings

In recent opposition proceedings, the Turkish Patent and Trademark Office has found that the trademark of a US burger chain was well known within the meaning of Article 6bis of the Paris Convention, even though it had not been used in Turkey.

25 October 2019

Good news for trademark owners and practitioners: new tribunal for opposition matters inaugurated

A new tribunal has recently been inaugurated with a view to accelerating opposition proceedings in Nigeria.

25 October 2019

Supreme most searched fake brand, 'tm.com' for sale, and more unauthorised Greta Thunberg marks: news digest

In our latest round-up, we look at a new study finding few marketers are confident in consistent brand values, brands being warned of being too political, Diesel engaging in a trademark battle with a reality star, and much more.

24 October 2019

Is FITNESS descriptive? General Court considers implications of allowing new evidence regarding descriptiveness before boards of appeal

In Société des Produits Nestlé SA v EUIPO, the EU General Court has added to the case law concerning the admissibility of new evidence submitted for the first time before the boards of appeal.

24 October 2019

The rise of competitive advertising: risk and opportunity in domain names using competitors’ marks

The likes of Apple, Dunkin’ Donuts, Microsoft and T-Mobile have all used third-party brands in domain names as part of creative marketing campaigns. Stephen Jadie Coates of Coates IP explores the dos and don’ts of using a competitor’s mark in a domain name.

24 October 2019

Legal uncertainty warning after court confirms cancellation of Rubik’s Cube EU trademark

The General Court has today confirmed the cancellation of the EU trademark consisting of the shape of the Rubik’s Cube, finding that the essential characteristics of the shape are necessary to obtain a technical result; therefore it could not be registered.

24 October 2019

The Trump Trademarks: the 'America first' president's truly global IP portfolio revealed

An exclusive WTR investigation reveals, for the first time, an estimated trademark portfolio of US president Donald Trump and his family. It finds applications in all four corners of the globe, with the activity described as “unprecedented”.

23 October 2019

General Court considers requirements for proving that coexistence is based on absence of likelihood of confusion

In Wanda Films v EUIPO, the EU General Court has found that the applicant had failed to prove that the parties’ marks coexisted peacefully on the relevant market and that such coexistence was due to an absence of a likelihood of confusion.

23 October 2019

Six counterfeit hotspots in Cambodia that brand owners should be aware of

In the latest edition of our series on marketplaces that reportedly engage in the trade of counterfeit goods, we head to the Southeast Asian nation of Cambodia.

22 October 2019

Fake news trademark stunt, Chile extends all IP matters, and Lichtenstein joins TMview: news digest

In our latest round-up, we look at Kanye West being denied a trademark for the term ‘Sunday Service’, adidas prevailing in Japan, the UK Intellectual Property Office notifying users of planned maintenance after Brexit, and much more.

22 October 2019

Applicants, agencies and IP authorities under scrutiny as China steps up fight against bad-faith filings

China’s State Administration for Market Regulation has released new provisions on the regulation of trademark applications, expanding on how bad-faith filings will be defined and tackled.

22 October 2019

DURAX case: Uruguayan mark cancelled due to reputation of Argentinean brand and owners’ bad faith

The successor of an Argentinean company that manufactured glassware under the marks DURAX and DURAX TODA LA VIDA has obtained the cancellation of the Uruguayan mark DURAX for identical goods.

22 October 2019

<em>Meso v Liberty</em>: Bombay High Court upholds ‘common to the trade’ defence

In Meso Private Limited v Liberty Shoes Ltd, the Division Bench of the Bombay High Court has dismissed Meso’s appeal against the single judge’s refusal to issue an injunction preventing Liberty from using the marks LEGEND and FLIRT for perfumes.

21 October 2019

Likelihood of confusion: new determining factor is brought into play

Argentina’s Civil and Commercial Federal Chamber of Appeals has developed a jurisprudence that changes the way in which the courts address the issue of likelihood of confusion.