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25 March 2019

Polo logo appeal dismissed: the importance of evidence of use and registrations

The EUIPO Board of Appeal has decided that a declaration of invalidity filed by Style & Taste against Polo/Lauren’s polo logo did not contain sufficient evidence to support the claim.

22 March 2019

General Court upholds rejection of STREAMS trademark application

In DeepMind Technologies Ltd v EUIPO, the EU General Court has confirmed that the mark STREAMS was descriptive of goods and services in Classes 9 and 42 and should be refused under Article 7(1)(c) of EU Regulation 207/2009. 

21 March 2019

European Union to accede to Geneva Act; Brexit uncertainty means United Kingdom poised to become GI battleground

The European Parliament's Legal Affairs Committee has endorsed the European Union acceding to the Geneva Act – a move that could propel the issue of geographical indications back to the top of the trade deal agenda as the United Kingdom looks to its post-Brexit future.  

20 March 2019

Patent Office rejects WHEN IN ICELAND opposition

A recent Icelandic Patent Office decision serves as a useful reminder that the evaluation of similarity as set out in the Trademarks Act should always involve a nuanced comparison of the marks.

19 March 2019

‘Funtime’ is over for Trespass

The Intellectual Property Enterprise Court has held that Luen Fat Metal & Plastic Manufactory Co Limited’s UK and EU trademarks for a series of word marks (FUNTIME, FUN TIME and FUN-TIME) are valid and have been infringed.

18 March 2019

EUIPO calls for action as study finds fakes make up 3.3% of global trade

A new study from the EUIPO and the OECD has revealed the staggering rise in counterfeit goods being traded around the globe. In response, the executive director of the EUIPO has called for coordinated action.

15 March 2019

OAPI announces significant changes to the system

The African Intellectual Property Organisation authorities have announced significant changes to the legislation that underpins the OAPI system, the Bangui Agreement.

15 March 2019

<em>Chicago Mercantile Exchange v Intercontinental Exchange</em>: exclusively descriptive names are not registrable trademarks

A recent decision of the IP Office of Singapore in invalidity proceedings illustrates that, even if a party is the sole provider of a particular product or service, it does not automatically acquire the right to register the mark covering that product or service.

14 March 2019

CJEU considers trademarks with common element 'so' and finds likelihood of confusion

When is a single common element sufficient to create a likelihood of confusion? A decision of the Court of Justice of the European Union in a case involving the mark SO’BIO ĒTIC and earlier SO…? marks illustrates the difficulties in answering that question.

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.

13 March 2019

Dissenter creates far-right comments section on every website; brands warned of risks

“Free speech social network” Gab recently launched Dissenter, a platform that allows users to add comments on any website domain. Research from WTR finds that corporate homepages are often littered with defamatory comments.

12 March 2019

Russian IP Court confirms invalidation of BBC’s TOP GEAR mark

In a controversial decision, the Russian IP Court has upheld a Patent and Trademark Office decision which found the British Broadcasting Corporation’s TOP GEAR trademark to be invalid based on the existence of a senior, almost identical mark belonging to a third party.

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.

11 March 2019

China looking to hold accountable not only trademark squatters, but also facilitating agents

The recent publication of a discussion paper seems to signal a stricter approach by the IP authorities to tackle the problem of parties taking unfair advantage of the system in China at the expense of genuine rights holders.   

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.