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Trademark law

China joint ventures: an eight-point guide to success

Sino-foreign joint ventures are the most popular way to access the Chinese market, but business owners should beware the traps that lurk every step of the way.

China joint ventures: an eight-point guide to success
5 Oct 2018

Kavanaugh testimony sparks beer trademark, Canada Goose admits fakes are beneficial, and UK food fraud concern: news round-up

In our latest round-up, we look at Colombia’s national IP office launching an accelerated trademark form for commercial brands, Toys-R-Us cancelling its brand auction, and much more.

3 Oct 2018

“Very good for brand owners” – IP experts react to USMCA; INTA lauds deal as “major enhancement” over NAFTA

Following the announcement of a new major trade agreement between Canada, Mexico and the United States, we reached out to IP experts to explore their views on the IP aspects of the new deal. 

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15 Oct 2018

Genericism: is the trademark education video the new norm?

The recent Velcro video was highly successful in generating discussion about the use of the company’s trademark, providing crucial insight into brand communication strategies. Read more

9 Oct 2018

Supreme Court: trademarks must be assessed as a whole

In a significant decision, the Chilean Supreme Court has reversed a decision of the Court of Appeal in Industrial Property Cases in which the latter had rejected an opposition against the registration of the mark CALLY based on the earlier mark CALLIA. Read more

2 Oct 2018

Board of Appeal: no analogy between domain names/trade names and trademarks under Article 10(1)2

The Estonian Board of Appeal has dismissed an opposition against the registration of the mark KVARTAL based on the earlier trade name Kvartal OÜ and the domain names ‘kvartal.ee’ and ‘kvartal.eu’. Read more

2 Oct 2018

Attack on the senses: a comparison of non-traditional marks

Practitioners need to be aware of the differences between obtaining protection for smell, taste and texture marks in the European Union and the United States. Read more

News

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21 Sep 2018

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. Read more

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. Read more

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. Read more

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

Analysis

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1 Oct 2018

Moving and shaking: securing protection for shapes and movement marks

With non-traditional trademark registrations on the rise, a nuanced understanding of the differences between obtaining protection in the European Union and the United States is crucial. Read more

28 Sep 2018

How similar is too similar? Lloyd Schuhfabrik Meyer test affirmed

The assistant registrar of trademarks in Kenya has found that Jaguar Land Rover’s F-PACE mark is not similar to Shanghai Durotyre’s earlier PACE mark and affirmed the test laid out in Lloyd Schuhfabrik Meyer. Read more

28 Sep 2018

Sounds and colours: EU and US approaches to non-traditional marks

Following a rise in non-traditional trademark registrations, practitioners should be aware of the differences between obtaining protection in the European Union and the United States. Read more

27 Sep 2018

Design patent lessons from Apple v Samsung

The long-running face-off between Apple and Samsung over the design elements of their phone products offers a number of key takeaways for rights holders. 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

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

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

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The future of trademarks

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New leadership, new challenges? Industry insights on EUIPO operations

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“Very good for brand owners” – IP experts react to USMCA; INTA lauds deal as “major enhancement” over NAFTA

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Harmonisation in practice: a dialogue about foreign trademarks

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Kavanaugh testimony sparks beer trademark, Canada Goose admits fakes are beneficial, and UK food fraud concern: news round-up

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Aleksandra Auleytner
Partner
Warsaw, Poland
Domański Zakrzewski Palinka
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