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14 March 2019

Imprisonment for breaching injunctions is annulled by Constitutional Court

Turkey’s Constitutional Court has annulled the first sentence of Article 398(1) of the Code of Civil Procedure, which deals with disciplinary imprisonment for acting against a preliminary injunction.

11 March 2019

Blow for Apple as General Court finds that one cannot compare apples with pears

In a blow to US tech giant Apple Inc, the EU General Court has annulled a decision of the EUIPO in which the latter had upheld Apple’s opposition against the registration of the figurative mark PEAR for information and communications technology-related goods and services based on its famous apple logo mark.

08 March 2019

Victory for Tambrands Inc as third party’s attempt to register TAMPAX mark fails  

The Appeal Division of the Lithuanian State Patent Bureau has upheld an opposition filed by Tambrands Inc, the owner of the TAMPAX mark, against the registration of the mark TAMPAX by a natural person.

07 March 2019

New trademark law enters into force - what you need to know

A new Law on Trademarks, which aims to transpose Directive 2015/2436 into the national legislation, entered into force in Croatia on 15 February 2019. This update highlights the key changes for trademarks owners and applicants.

06 March 2019

MOULDPRO case: General Court confirms that no 'agent-principal' relationship between parties had been established  

In Mouldpro v EUIPO, the General Court has upheld a decision of the EUIPO Fourth Board of Appeal rejecting an application for a declaration of invalidity of the word mark MOULDPRO. The decision calls into question the definition of the agent-principal relationship.

05 March 2019

Hungary amends trademark legislation: key changes highlighted

Act LXVII, which amends a number of industrial property laws in order to transpose Directive 2015/2436 into the national legislation, has entered into force in Hungary. This update reviews the main amendments introduced by the act.  

01 March 2019

Vice YouTube takedown sparks outrage, Banksy wins IP case, and Macedonia mark update: news digest

In our latest round-up, we look at the Mongols biker gang keeping their logo trademark, how online uses of the words ‘fake’ and ‘replica’ are rising significantly, and much more.

01 March 2019

ETNIA versus ETNIK: a litany of errors

The EU General Court has upheld a EUIPO decision in opposition proceedings filed by Etnia Dreams against the registration of the mark ETNIK. The opponent had made a series of errors which led the EUIPO to find that the opposition was inadmissible.  

28 February 2019

"Bye Bye Bye, Bye Babybel": Sainsbury's obtains cancellation of Babybel red wax mark

Fromageries Bel, the maker of Babybel and owner of a UK trademark consisting of a three-dimensional round wax coating with the colour limited to red, has had its trademark cancelled following a successful invalidation claim filed by Sainsbury’s.

26 February 2019

High degree of phonetic similarity sufficient to create likelihood of confusion where goods are identical or highly similar

The decision of the EU General Court in a case involving the marks DJILI and GILLY has highlighted, once again, that the phonetic similarity of the signs should be given particular importance where the goods in question are likely to be purchased orally.

26 February 2019

The data gap: what trademark practitioners want and how service providers are adapting

An exploration of what users feel is missing from data platforms and how these service providers are evolving their tools to capitalise on Big Data.

26 February 2019

Just one week left to have your say on the state of the trademark industry

Trademark practitioners are running out of time to participate in WTR’s annual Global Trademark Benchmarking Survey. Do not miss out on the opportunity to share your successes, challenges and concerns. 

26 February 2019

Brazil calls for ‘.amazon’ delay, Swatch and Samsung face-off, and Lithuanian open IP data: news digest

In our latest round-up, we look at Jerry Seinfeld filing a lawsuit over a ‘counterfeit’ Porsche, a draft policy in India that could empower platforms to blacklist counterfeit sellers, and much more.

25 February 2019

All in the name: 101 ways to avoid having a weak mark

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.

21 February 2019

General Court annuls EUIPO decision refusing registration of figurative mark CHIARA FERRAGNI

In a case involving a mark consisting of the name of a famous fashion influencer, the EU General Court has highlighted that the visual aspect played a greater role in the assessment of the likelihood confusion where the goods are sold in self-service stores.