Work Area: Trademark law

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Turkey: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Turkey is a signatory to several key treaties and conventions including the Paris Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Madrid Protocol. As a member of WIPO since 1976, Turkey follows the Nice Classification system. Turkey is also a party to the Vienna Convention, the Convention Establishing the World Trade Organization and the Trademark Law Treaty.

21 October 2022

France: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

French trademark law confers no exclusive right to the owner of an unregistered mark. However, a well-known mark within the meaning of Article 6bis of the Paris Convention may be protected under civil law under certain conditions and notably, against the use of an identical or similar sign for identical or similar goods or services for which the mark is well-known, provided that there is a likelihood of confusion.

21 October 2022

Germany: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Wilful trademark infringement is a crime and may be punished. The local public prosecutor’s office is empowered by the Federal Act of Criminal Procedure to commence proceedings on its own initiative or upon receiving a complaint. The possibilities of the rights holder to influence the investigation, including the speed at which it is conducted, are limited.

21 October 2022

Brazil: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Well-known trademarks are given special protection regardless of whether they have been previously filed or registered in Brazil. On the other hand, in the event of the owner of a well-known mark filing an opposition or administrative nullity action based on its mark, it has 60 days from filing this in which to file an application to register its well-known mark in Brazil.

21 October 2022

India: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

In India, a mark capable of being represented graphically and of distinguishing the goods or services of one person from those of others can be registered as a trademark. A device, label, brand, name, signature, letter, ticket, heading, word, numeral, shape of goods, packaging, and a combination of colour and sound marks can be registered.

21 October 2022

Serbia: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Use of the mark by the licensee is considered as use that defends against revocation for non-use in Serbia. In general, trademark licensees may sue for trademark infringement, unless the licence provides otherwise.

21 October 2022

Chile: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Trademarks are governed in Chile by Law No. 19,039 (the Industrial Property Law), which has been in force since 30 September 1991. This law has been partially modified four times, with the last substantial amendments being introduced by Law No. 21,355, which entered into force on 9 May 2022.

21 October 2022

United Kingdom: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Unjustified threats provisions relating to trademarks and other forms of registered IP rights are prescribed under the Intellectual Property (Unjustified Threats) Act 2017. The provisions regarding trademarks are expressly covered by Sections 21 to 21F of the Trademarks Act.

21 October 2022

United States: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Each state has a statute providing for registration and protection of trademarks used in that state. Both federal and state law protect unregistered rights in trademarks that are acquired through use (common law rights). Federal and state law trademark laws coexist, and courts generally interpret state trademark laws in a manner consistent with federal law.

21 October 2022

Sweden: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Sweden’s trademark laws are based largely on international conventions and EU regulations and directives. As an EU member state, Sweden is bound by the EU Trademark Regulation (2017/1001) and the EU Trademarks Directive (2015/2436).

21 October 2022

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