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Trademark law

UDRP misuse warning, non-traditional tips, and the danger from subtle copies: insights from MARQUES 2018

This week’s MARQUES Annual Conference in Paris draws to a close today. We present some of the key insights from the event, including insight into the standoff around WHOIS data access, the one Brexit-related question you need to be asking, and more.

UDRP misuse warning, non-traditional tips, and the danger from subtle copies: insights from MARQUES 2018
18 Sep 2018

Crazy or canny? Tesco trademark ‘misstep’ may actually be a conscious commercial decision

Supermarket chain Tesco has been the focus of media coverage due to the lack of registered trademark protection for its new discount store brand Jack's, a move described as “absolute madness”. However, the reality is a more nuanced.

14 Sep 2018

Saudi Arabia to adopt plain packaging, T-ara resolve trademark dispute, and ICANN needs your feedback on RPMs: news round-up

In our latest round-up, we look at the US brands with the most loyal customers, 7-Eleven taking a menswear brand to court for alleged trademark infringement, and much more.

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21 Sep 2018

Success for Apple as General Court finds certain degree of similarity between APO and APPLE marks

In a victory for Apple Inc, the EU General Court has annulled a decision of the Fourth Board of Appeal of the EUIPO in which the latter had found that the figurative mark APO was not similar to Apple’s earlier marks. Read more

18 Sep 2018

Federal Court once again affirms that "use" of a trademark does not require bricks and mortar for non-Canadian businesses  

In Hilton Worldwide v Miller Thomson, the Federal Court of Canada has held that providing “hotel services” does not require a physical hotel in Canada to constitute “use” of a trademark in the country. Read more

12 Sep 2018

The future of trademarks

Global brand owners face increasing challenges in protecting, managing and enforcing their IP rights. These include challenges arising from new technologies, new business models and new markets. Read more

12 Sep 2018

Trademark procedures and strategies: Japan

 The Examination Guidelines for Trademarks also play an important role in the examination of trademark applications at the Japan Patent Office (JPO). The most recent revisions to the examination guidelines took place in April 2017, which include clarifying the criteria for judging the similarities between trademarks. Read more

News

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11 Sep 2018

More #MeToo trademark applications, USPTO scandalous marks fight, and FIFA thanks Rospatent for World Cup help: news round-up

In our latest round-up, we look at more trademark applications related to the #MeToo movement, the Swedish IP Office warning against fake election posters, a US court having its say on trademark bullying, and much more. Read more

4 Sep 2018

Nike in political firestorm, Lego blocks Chinese infringer, and Ghana steps up fight against fakes: news round-up

In our latest round-up, we look at a fashion brand in a dispute with two NFL teams, the New York Times shining the spotlight on illicit vendors in Barcelona, Nike facing a brand boycott due to its new Colin Kaepernick ad campaign, and much more. Read more

31 Aug 2018

Fake Warren Buffett fools thousands, Monsta mashes Monster, and Starbucks and Sardarbuksh dispute brews: news round-up

In our latest round-up, we look at a Canadian coalition urging that cigar companies be exempt from proposed plain packaging regulations, the Chinese government promising stricter IP protections, and much more. Read more

28 Aug 2018

Your new look WTR is here

A refreshed look, enhanced functionality, and a more responsive and faster website – welcome to the new World Trademark Review.  Read more

Analysis

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11 Sep 2018

AUTOKEY marks found to have acquired secondary meaning as badge of origin

The Irish controller for patents, designs and trademarks has found that, although two AUTOKEY marks were liable to be refused under two different sections of the Trademarks Act, the marks had acquired distinctiveness through use. Read more

10 Sep 2018

Victory for mark owners as CJEU rules that they can prevent de-branding of imported goods

In Mitsubishi Shoji Kaisha Ltd v Duma Forklifts NV, the Court of Justice of the European Union has considered the issue of de-branding and re-branding of goods imported into the European Union. Read more

10 Sep 2018

Supreme Court ends long-running debate: grace period from Association Agreement directly applicable in Ukraine

Ukraine’s Supreme Court has upheld decisions of the lower courts finding that the EU-Ukraine Association Agreement - which provides for a five-year non-use grace period, as opposed to three years under the national law - applied with direct effect. Read more

7 Sep 2018

CJEU offers valuable guidance for respondents to tenders involving trademarks

The Court of Justice of the European Union has delivered a ruling on what stage of the procurement process bidders must demonstrate compliance with the technical specifications of a tender. Read more

Research

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10 Aug 2018

Food delivery marks on the rise, as Starbucks leads the way in restaurant brand filings: exclusive data analysis

In this week’s industry data report we look at the food service industry. We reveal that Starbucks has the most robust trademark portfolio in the industry, the rise in 'food delivery' applications, and more. Read more

29 Jun 2018

How brands should prepare for the big changes coming to Canada’s trademark market: exclusive data analysis

In our latest report, we delve into Canada’s trademark landscape. We examine how a major overhaul of its trademark laws may lead to a clogged up register, take a look at filing and litigation trends, and much more. Read more

17 Mar 2018

Argentina’s emergency trademark law amendments and reassuring filing figures; exclusive data analysis

World Trademark Review examines the IP profile of Argentina, exploring the potential impact of the new emergency decree on trademark law, while providing a thorough breakdown on filings at the Argentine register. Read more

8 Jan 2018

More information about Gleissner trademark activity emerges as business owner voices frustration

Business owners have spoken to World Trademark Review about their anger and confusion over the mysterious trademark activity of entrepreneur Michael Gleissner.  Read more

Insight

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12 Sep 2018

Trademark procedures and strategies: Italy

Italy has a first-to-file system, therefore unregistered trademarks enjoy a lesser degree of protection than registered trademarks. Only in exceptional circumstances can an unregistered trademark prevail over a later registered trademark. Read more

12 Sep 2018

Trademark procedures and strategies: Israel

While the Trademark Ordinance predominantly provides protection for registered trademarks, it also protects unregistered well-known trademarks. Read more

12 Sep 2018

Trademark procedures and strategies: India

The Indian courts have taken the lead in issuing landmark decisions on several issues, including recognition of trans-border reputation and goodwill, trademark violations in respect of unrelated goods, online counterfeiting and protection of celebrity rights. Read more

12 Sep 2018

Trademark procedures and strategies: Greece

In order to obtain protection, an unregistered sign must have distinctive character and must have been used in commerce. No specific statutory conditions outline the extent and type of use that will satisfy these criteria. Read more

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The future of trademarks

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Crazy or canny? Tesco trademark ‘misstep’ may actually be a conscious commercial decision

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CJEU’s KitKat decision maintains high bar for proving acquired distinctiveness of shape marks

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Rebekka Schiffer
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Duesseldorf, Germany
COHAUSZ & FLORACK
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