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29 October 2019

Groundbreaking research reveals significant risks in AI analysis of trademark registers

A new study looking at how AI is used by IP offices warns that “the seductive appeal of the all-seeing algorithm should be resisted” due to current limitations.

16 October 2019

USPTO fee rises: registry bombarded with letters from graphic designers and small business owners

The USPTO has received hundreds of letters in relation to its proposal to change various trademark fees. Many originate from the Trademark Watch Dawgs group, although one attorney claims that it is the result of an astroturfing campaign.

14 October 2019

More justification needed: proposed USPTO trademark fee increases could hinder small businesses

In an exclusive guest post, IP expert Erik Pelton explains how the proposed fee increases being mooted by the US Patent and Trademark Office could have a severe impact for small businesses.

02 October 2019

US trademark litigation levels continue upward trend; 2019 on course for four-year high

New data reveals that 3,441 trademark litigation actions have been filed in the United States to date. The figures mean that 2019 is on course to represent a four-year high in filings.

01 October 2019

Procedures and strategies for pharmaceutical brands: United States

Recent developments in US federal law now permit the sale of cannabis-derived products under certain conditions in states where such products are also legal under state law. This will have implications for the selection and protection of pharmaceutical trademarks.

01 October 2019

US law inches towards protecting trademark reputation without use

Two US Court of Appeals opinions have created the possibility that a plaintiff could bring a passing-off action based on use of its trademark outside of the United States only – a powerful new tool for challenging infringers that are first to use the trademark in the United States.

01 October 2019

New editions of<em> WTR </em>and <em>Pharmaceutical Trademarks: A Global Guide</em> now available

The Autumn 2019 edition of WTR, revealing the top filers at key registries across Asia, and the eighth edition of Pharmaceutical Trademarks: A Global Guide are now published. 

01 October 2019

Beer wars and false advertising: the challenges of obtaining preliminary injunctive relief

A dispute involving Bud Light’s Super Bowl advertising provides important insight into the handling of preliminary injunctions.

27 September 2019

INTA’s Brands Manifesto, Liverpool trademark blow, fighting scammers: news digest 

In our latest news digest, we look at INTA’s release of a Brands Manifesto, the Paraguay IP Office conducting another counterfeit crackdown, fee changes in New Zealand, and much more.

25 September 2019

Revealed: Chinese trademark applications drop at USPTO but scourge of suspicious specimens continues

An investigation from WTR has found that the issue of fraudulent specimens of use in trademark applications at the USPTO persists, with the challenge facing the office now being to track the latest tactics used to evade detection.

20 September 2019

“Your very life may be at risk” – USPTO urged to reconsider domicile requirement due to safety concerns

A new petition to the USPTO requests that new rules regarding physical addresses be reconsidered. Talking exclusively to WTR, the attorney who filed the petition claims that it is “a time-sensitive matter” due to serious ongoing risks.

17 September 2019

Strategies and pitfalls with fees under Canada’s new trademark regime

On 17 June 2019 significant amendments were introduced to the Trademarks Act with a view to bringing Canada’s trademark regime into line with the Nice Agreement, among others. This update provides some fee-based strategies to use under the amended act.

13 September 2019

Extinction Rebellion trademark, Egypt fee rise, and Crocs Gloves in art gallery: news digest

In our latest edition, we look at Māori uproar over a New Zealand trademark application, WIPO in Hungary, MARQUES addressing long goods and services lists at the EUIPO, and much more.

06 September 2019

Exclusive: USPTO releases revised examination guide following backlash

The USPTO has released a heavily revised examination guide that clarifies the registry’s new US attorney rule. The revision follows backlash due to examination instructions that required some applicants to submit proof of legal residence in the United States.

28 August 2019

“Shaky legal ground” – the unintended consequences of USPTO requests for proof of legal residence

A new investigation has found that the USPTO is "facing a backlash" due to new instructions that require examining attorneys to ask some trademark applicants for “proof of legal residence in the United States”.