Trademark law

The Sky v Skykick opinion: what it could mean for trademark professionals

Advocate General Tanchev has handed down his opinion in the highly anticipated Sky v Skykick case. If the opinion is followed by the CJEU, market experts predict that the enforcement of existing trademark registrations could become riskier, while application strategies would have to be reviewed.

The <em>Sky v Skykick </em>opinion: what it could mean for trademark professionals
16 Oct 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.

15 Oct 2019

KIPO warns of Brexit damage, fake water filters, and call for fast-food packaging regulations: news digest

In our latest round-up, we look at Saks partnering with Authentic Brands to acquire Barneys, the Consortium for Common Food Names being granted observer status at WIPO, the UKIPO publishing advice on IP rights after Brexit, and much more.

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18 Oct 2019

Brazil’s accession to the Madrid Protocol – what you need to know

Following the coming into force of the Madrid Protocol in Brazil on 2 October 2019, this update reviews the key aspects that foreign legal entities and individuals seeking to file applications designating Brazil should take into consideration. Read more

14 Oct 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. Read more

13 Oct 2019

NBA backlash over Hong Kong tweet; associations target WeChat; crowd-shipping counterfeits threat; plus much more

Everything we covered on WTR over the last seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week. Read more

10 Oct 2019

Counterfeit hotspots in Malta that brand owners should have on their enforcement radar

In the next part of our regular series on marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to the Mediterranean island of Malta. Read more

News

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1 Oct 2019

New editions of WTR and Pharmaceutical Trademarks: A Global Guide 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.  Read more

29 Sep 2019

Suspicious specimens headache continues; building the Batman brand; unauthorised Greta Thunberg and Extinction Rebellion applications; plus much more.

Everything we covered on WTR over the last seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week. Read more

27 Sep 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. Read more

26 Sep 2019

Unauthorised 'Greta Thunberg' and 'Extinction Rebellion' trademarks could pose a threat to climate change activists

Two major figures in the climate change activism movement, campaigner Greta Thunberg and protest movement Extinction Rebellion, are facing a legal battle in Germany due to unauthorised trademark applications. Read more

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7 Oct 2019

Five counterfeit hotspots in Ecuador that you should be aware of

In a continuation of our regular series on marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to Ecuador. Read more

4 Oct 2019

Serbia’s draft Trademark Law – what you need to know

The Intellectual Property Office of the Republic of Serbia has prepared a draft Trademark Law which aims to further harmonise Serbian trademark legislation with that of the European Union. This update highlights the key points of interest for trademark owners. Read more

2 Oct 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. Read more

1 Oct 2019

A tale of two flags: who owns the right to use?

The Australian government is considering whether to compulsorily acquire the rights to use the Aboriginal flag on public policy grounds. The debate raises questions over whether similar moves could occur in other jurisdictions. 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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30 Sep 2019

ECJ case law displays nuanced understanding of comparative advertising

A case from the European Court of Justice offers invaluable guidance for what is acceptable in comparative advertising, especially when it comes to comparing the prices of goods sold in different types and sizes of outlet. Read more

30 Sep 2019

China's Anti-unfair Competition Law: cracking down on malicious infringement in advertising

Recent amendments to China’s Anti-unfair Competition Law have seen legal compensation rise from Rmb3 million to Rmb5 million, which goes some way to addressing the significant cost of stopping infringement. Read more

30 Sep 2019

Building an effective enforcement strategy to fight unfair competition in advertising

In the fight against unfair marketing practices, businesses operating in Russia would be well advised to understand the correlation between unfair advertising and unfair competition and to take account of the relevant legal provisions so as to build up an effective enforcement strategy. Read more

30 Sep 2019

Unfair competition in Mexico: how to play by the rules in advertising’s commercial battles

Competitive advertising strategies should prompt healthy commercial battles and bring out the best in advertising, yet some still use advertising to confuse and mislead customers. Mexico’s unfair competition legislation defends the rights of victims to dubious advertising practices. Read more

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Charlotte Stirling
Partner
London, United Kingdom
J A Kemp