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18 January 2019

Important changes to Irish trademark law - what you should know

Important changes to Irish trademark law came into effect on 14 January 2019. This update highlights a number of key changes that trademark owners and attorneys should be aware of.

17 January 2019

Amended German trademark law comes into force - key changes highlighted

The Trademark Law Modernisation Act, which aims to transpose Directive 2015/2436 into German law, has come into force. This update reviews the changes that will have the greatest impact on mark owners.

16 January 2019

Sky skewers Samsung in ‘Q’ case

The UK Intellectual Property Office has upheld an opposition filed by Sky, the owner of a figurative mark intended to be seen as ‘Q’, against the registration by Samsung of a mark representing the letter ‘Q’.

11 January 2019

MysteryBrand denies selling fakes, T-ara dispute concludes, and Slovakia IPO ditches fax: news digest

In our latest news digest, we look at the USPTO hiring a deputy general counsel, how domain name management is “just as important” as brand protection, the Paraguay IPO pledging more counterfeit enforcement in 2019, and much more.

08 January 2019

Sweden allows hologram marks, Plain packaging design gets thumbs up, and Dyson fakes seized: news digest

In our latest news digest, we look at the US Supreme Court confirming that it will rule on scandalous trademarks, a retailer called Pooey Puitton going up against Louis Vuitton, IP Australia joining TMclass, and much more.

08 January 2019

Protecting and enforcing design rights: Spain

The legal framework relating to industrial designs in Spain is circumscribed, as far as national legislation is concerned, to Law 20/2003 on the Legal Protection of Industrial Designs (7 July 2003) and the Regulation for the Implementation of Law 20/2003 on the Legal Protection of Industrial Designs, approved by Royal Decree 1937/2004 (7 September 2004).

08 January 2019

Protecting and enforcing design rights: Switzerland

Swiss design is characterised by its hybrid status – it is influenced by the German tradition of functionalism and the Italian radical design of the 1960s. Swiss design lies somewhere between ‘form follows function’ and ‘anything goes’ – it is functional yet rich; linear while unexpected; practical and refreshing.

08 January 2019

Protecting and enforcing design rights: Poland

The Polish design regime is largely based on registration. The crucial requirements for a design to enjoy protection are novelty and individual character. However, design applications are examined for compliance with formal requirements only.

08 January 2019

Protecting and enforcing design rights: Turkey

Designs are protected by the new Industrial Property Law (6769), which entered into force on 10 January 2017. According to the new law, both registered and unregistered design protection is available for new and distinctive designs.

08 January 2019

Protecting and enforcing design rights: United Kingdom

There is a clear legal distinction between the ‘monopoly right’ in a registered design and the ‘right to prevent copying’ of an unregistered design.

07 January 2019

Cadbury’s colour purple mark can’t be split - clarity and precision are the winners in the Court of Appeal

In a significant blow to Cadbury, the Court of Appeal of England and Wales has rejected the confectionary giant’s argument that its trademark registration for the colour purple was actually a series mark which could be split and partially maintained.

07 January 2019

Protecting and enforcing design rights: Greece

With regard to national industrial designs, Greece has a ‘partially cumulative’ protection system. According to this doctrine, a registered design is eligible for protection under both copyright and design law, provided that the requirements for each type of right apply. 

07 January 2019

Protecting and enforcing design rights: France

Design protection in France may be claimed through a French design application, an international application designating France or the European Union or a direct Community design application filed with the EU Intellectual Property Office (EUIPO). 

07 January 2019

Protecting and enforcing design rights: Hungary

The national industrial design protection regime grants legal protection for the appearance of the whole or a part of a product, from the features of, in particular, the lines, contours, colours, shape, texture and materials of the product itself or its ornamentation.

07 January 2019

Protecting and enforcing design rights: Germany

German registered designs are governed by the Design Act, which was recently renamed to reflect the fact that German registered designs are now officially called ‘designs’, rather than the previously used ‘aesthetical models’. This is an interesting inconsistency in German law