Work Area: Trademark law

Latest content

New resolution on coexistence of trademarks within the same business group

National Trademark Office of Colombia issues resolution, permitting the coexisting registration of similar trademarks for commercially related products or services, in the name of companies belonging to the same business group

23 August 2022

For the first time, Federal Court considers statutory bad faith as grounds for expungement of a trademark

A trademark has been invalidated after restaurant owners opening locations in Canada ― who refused to purchase the mark for CAD $1.5 million from the registrant ― bring legal action.

22 August 2022

Administrative revocation and invalidity proceedings to be implemented before the Spanish Patent and Trademarks Office

Substantial changes to the Spanish judicial system will come into effect as a result of administrative revocation and invalidity proceedings henceforth being held before the OEPM.

22 August 2022

KIPO adopts new Virtual Goods Examination Guidelines

The guidelines provide strong recommendations for brand owners to file new marks for virtual goods corresponding to real world goods/services as soon as possible

19 August 2022

Delhi Court overturns examiner’s ruling on distinctiveness

The Delhi High Court has held, on appeal, that the HEALTHSKOOL mark is sufficiently distinctive due to prior use and promotion. As a result of this decision the application may now proceed to advertisement in the Trademark Journal.

19 August 2022

New law on e-commerce obliges platforms to remove infringing content

On 1 January 2023 a new law will come into effect in Turkey, obliging sites to take down content upon receipt of a legitimate complaint by IP rights holders.

18 August 2022

Tableware designer gets heavenly results on its pearly plates

In this copyright and trade dress dispute between rival tableware companies, the US Court of Appeals for the Fifth Circuit has reversed a district court decision finding that the plaintiff had not established that its unregistered trade dress had acquired secondary meaning.

16 August 2022

Federal Administrative Court finds that Nemiroff bottle is distinctive

The court found that the sign had sufficient distinctive character due to the presence of the element ‘Nemiroff’ written in relief on the bottle.

16 August 2022

Backward step for Louboutin in complaint against Amazon

Advocate General Maciej Szpunar’s opinion suggests that, if it is made clear to the reasonably well-informed and reasonably observant internet user that goods are offered by a third party, an intermediary platform may not infringe an owner's EU trademark rights.

15 August 2022

KOPOBKA KOROVKA v KRÓWKA: General Court confirms lack of likelihood of confusion

In light of the differences between the marks, the relevant public would not perceive the contested marks as a playful variation of the earlier mark.

12 August 2022

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