Work Area: Trademark law

Latest content

China trademark registration rate falls; Katy Perry loses Katie Perry suit; UKIPO publishes priorities – news digest

In our latest round-up, we look at a new EUIPO report revealing that less than a quarter of EU designers are women, OpSec Group set to become a public company, and much more.

28 April 2023

Trademark cancellation in Nigeria: a post­-registration process?

Recent adjustments made by the trademark registry concerning cancellation under Section 31 of the Trademarks Act could have unintended negative consequences.

28 April 2023

Alcohol labelling spat highlights jurisdictional limits

The Delhi High Court’s ruling on the conflict between competitors in India’s alcoholic beverages industry sheds light on the influence of jurisdictional restraints on where plaintiffs can file suits and whether a court can hear them.

27 April 2023

LVMH ruling establishes new interpretations of well-known marks and their protection

A decision from the Supreme Administrative Court’s Grand Chamber lowers the levels of consumer and industry awareness needed to prove a mark’s well-known status and receive requisite protections.

27 April 2023

Federal Circuit ruling against Apple demonstrates limits of trademark tacking

In its reversal of a TTAB decision, an appeal court has reaffirmed the need for rights holders to demonstrate that their pre-existing mark covers all services specified in their new application in order to tack the latter’s use to the former’s earlier priority date.

27 April 2023

Korea poised to allow letters of consent for trademark co-existence

The adoption of the letter of consent system in Korea would bring substantial relief to trademark owners and practitioners.

24 April 2023

Use of reverse confusion theory proves increasingly popular

In trademark disputes between junior and senior users of shared or similar marks, the reverse confusion theory is emerging as a helpful argument for Indian rights holders fighting possible infringers that enjoy a larger market share and greater public awareness.

20 April 2023

Tackling bad-faith trademarks in Mexico: what you need to know

Mexico's federal IP law has provided a new definition for bad faith and – crucially – the legal basis to enforce against it.

20 April 2023

TTAB clarifies test to meet “goods in trade” registration requirement in New York Times case

In reversing an examining attorney’s refusal of trademark registrations by the New York Times, the TTAB has promoted the three-factor test as the gold standard for registrability.

20 April 2023

Trademark ‘tacking’ – a refresher course on the brand refresh in light of Bertini v Apple

In this guest analysis, Daniel H Shulman and Krishna Akarapu, members of the Vedder Price IP group, revisit the tension between US trademark law and the classic brand refresh, in light of the US Federal Circuit's instructive decision in Bertini v Apple. 

20 April 2023

Unlock unlimited access to all WTR content