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15 November 2018

General Court: black-and-white registration certificate does not satisfy requirements for representation of earlier figurative mark

In opposition proceedings between Aldi Einkauf and Aldo Supermarkets, the EU General Court has held that submitting a copy of a national registration certificate in black and white did not satisfy the conditions governing the representation of the earlier mark.

15 November 2018

Leading hotel management company prevails in opposition proceedings against CAFE FOUR SEASONS

Four Seasons Hotels (Barbados) Ltd has been successful in opposition proceedings against the Lithuanian figurative trademark CAFE FOUR SEASONS for food and drink services in Class 43.

15 November 2018

“Online platforms are benefiting way too much from counterfeits and infringement”: Exclusive interview with American National Red Cross’ Allison Leader

As part of our ongoing series of interviews with WTR 300-featured corporate trademark counsel, we spoke to Allison Leader about the challenges she faces at American National Red Cross and what it takes to successfully manage brand rights in the not-for-profit sector.

14 November 2018

Corsearch purchases Yellow Brand Protection in latest trademark services sector acquisition

Corsearch has acquired Yellow Brand Protection for an undisclosed sum, WTR can exclusively reveal. The deal results in new online anti-counterfeiting and brand protection services falling under the Corsearch umbrella.

14 November 2018

General Court: disclosure of earlier design cannot be proved by means of probabilities or suppositions

The decision of the EU General Court in Mamas and Papas Ltd v EUIPO, which concerned a registered Community design representing a cot bumper, shows that the parties should present their best evidence in proceedings not only before the court, but also before the EUIPO.

12 November 2018

Preliminary draft Trademark Act: invalidity and cancellation proceedings

Following the approval of a preliminary draft law partially amending the Spanish Trademark Act in order to incorporate Directive 2015/2436, various consulting bodies have given their opinions on the draft text, highlighting certain aspects which they believed could be improved.

12 November 2018

General Court: name of spa town eligible for registration for mineral waters

The EU General Court has annulled a decision of the EUIPO in which the latter had found that the mark DEVIN - the name of a Bulgarian spa town - for mineral waters was descriptive of the geographical origin of the goods.

11 November 2018

Cannabis applications rocket, but how long will Canada lead the way? – exclusive data analysis

An analysis of Canadian trademark filings illustrates a sharp rise of applications in the cannabis sector; could that spike be replicated in the US in the future?

09 November 2018

Important changes to Trademarks Act and Rules due January 2019 – what you need to know

The UK Trademarks Act and Rules are due to change following the implementation by the UK Intellectual Property Office of Directive 2015/2436. This update highlights the various changes due to come into effect in January 2019.

09 November 2018

Why Canada’s unexpected trademark reforms are good news for brand owners

Trademark reforms proposed by the Canadian government are positive for brand owners, with mechanisms to tackle trademark squatting and modernised dispute resolution proceedings.

08 November 2018

CJEU confirms that categorisation as “colour mark” at time of filing is relevant when assessing validity

The Court of Justice of the European Union has confirmed that the categorisation of a mark as a “colour mark” at the point of filing is relevant when assessing its validity.

08 November 2018

TTAB dismisses NEW MAN cancellation petitions, finding no abandonment despite six years of non-use

The US Trademark Trial and Appeal Board has dismissed petitions for the cancellation of four NEW MAN marks for clothing, even though Newman only put the marks into use six years after acquiring them, and then only on a minimal basis.

07 November 2018

Hasbro retains MONOPOLY trademark

The registrar of the UK Intellectual Property Office has dismissed an application to revoke Hasbro’s trademark registration for MONOPOLY on the ground that the mark had not been put to genuine use.

07 November 2018

New drafts amendments to patent, utility model, design and trademark legislation – what you need to know

The Ukrainian Ministry of Economic Development and Trade has released new draft amendments to the patent, utility model, design and trademark legislation for public review.

06 November 2018

Well-known healer’s name and alias protected to the benefit of his heirs

The Board of Appeal of Estonia has upheld oppositions filed by the heirs of well-known healer and writer Aleksander Heintalu (also known as Vigala Sass) against the registration of ALEKSANDER HEINTALU and VIGALA SASS.