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18 February 2019

Is Sweden aligning itself with EU approach to black-and-white trademarks?

Sweden is one of the few European countries where a black-and-white mark is regarded as covering all colours. However, in a recent case involving two figurative marks, the Patent and Market Court has held that the scope of protection of the earlier mark was limited to its black-and-white representation.

18 February 2019

Community design for spray paint gun upheld as invalid by General Court

In Sata GmbH & Co KG v EUIPO, the EU General Court has upheld a decision of the Third Board of Appeal of the EUIPO finding that a design representing a paint spray gun lacked individual character with regard to an earlier design.

18 February 2019

Agencies and individuals to be targeted in proposed China crackdown on malicious applications

The CNIPA has revealed plans to curb malicious trademark applications, with both individuals and trademark agencies that file such applications in its sights. The plans have been characterised as “undoubtedly good news for trademark owners" by a leading legal expert in the country.

15 February 2019

New Trademark Law: mark owners must be prepared

Myanmar’s Trademark Law was passed by the Assembly of the Union on 30 January 2019. Importantly for mark owners, marks registered under the current system must be re-applied for once the law enters into force, otherwise they will lose their validity.    

15 February 2019

Rent it or fake it? Groundbreaking study finds counterfeit products harm authentic goods

An ambitious new research paper has found that counterfeiting causes significant harm to the purchase intent of authentic products, and reveals various strategies to combat this effect.

15 February 2019

CJEU confirms likelihood of confusion between LUBELSKA and LUBECA

The Court of Justice of the European Union has dismissed an appeal brought by the Republic of Poland in opposition proceedings concerning the figurative sign LUBELSKA and the earlier German word mark LUBECA.

15 February 2019

Why the Toys “R” Us revival reveals the power of brands

This week, Toys “R” Us officially emerged as a new company. This development serves as an illustration of the power that resides in strong brands; even those that have gone through troubled times.

15 February 2019

Ireland’s strong domestic market and exports boost GDP, but are brands ready for Brexit?

We analyse the Irish trademark landscape to see if brands are prepared for the planned Brexit exit day in just over a month, and how this market has developed over the past decade.

14 February 2019

Beijing High Court opens the way for the registration of position marks

In a victory for the French high-end footwear brand, the Beijing High Court has held that Christian Louboutin’s red sole trademark is not a three-dimensional mark, but rather a single-colour trademark designated for use in a specific position.

14 February 2019

Anaqua announces new investment as private equity escalates IP sector focus

IP solutions provider Anaqua has announced that it is to receive a significant investment from European private equity firm Astorg – a move the company says will "accelerate Anaqua’s growth in the rapidly expanding IP management space".

14 February 2019

How Starbucks is protecting its brand in China – exclusive interview

Batur Oktay, who leads Starbucks’ IP committee, explains how the company is working with Chinese authorities to tackle counterfeiting and provides insights into its changing prosecution strategy.

14 February 2019

UDRP: don't play with the registration date!

A recent decision by a WIPO panel has highlighted that, under the UDRP, the transfer of a domain name between commonly controlled entities or persons does not generally extinguish rights and legitimate interests that have already accrued.

13 February 2019

Word mark and sign constituting its acronym judged to be confusingly similar

In a dispute involving the licensing of a famous Italian trademark in the field of strategic business consulting, AMBROSETTI, the Court of Milan has addressed a number of issues relating to distinctiveness.

13 February 2019

Hungary amends official fee structure and amounts for trademark-related services

A new fee structure for trademark-related services has entered into force in Hungary. Official fees have decreased for services related to trademarks registered in one class only, but have increased for trademarks registered in two or more classes.

12 February 2019

CJEU provides further clarification on genuine use of trademarks

In Pandalis v EUIPO, the Court of Justice of the European Union has upheld a decision of the General Court finding that the trademark CYSTUS had not been put to genuine use for “food supplements not for medical purposes”.