Work Area: Trademark law

Latest content

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

Shaping the law: high court clarifies requirements for shape marks

A recent case has prompted the Delhi High Court to reiterate the necessity for shape marks ― which have a notoriously high threshold for registration ― to have a secondary meaning.

11 August 2022

SENADI refuses to register mark in Class 41 on the ground that it would affect Netflix’s rights

SENADI considered that there was a likelihood of confusion or association between the mark CHOLOFLIX and Netflix Inc’s earlier mark NETFLIX, which both covered Class 41 services.

11 August 2022

USPTO lowers the bar for genericness refusals

In a clear departure from longstanding practice, Examination Guide 1-22 asserts that “there is no statutory basis for applying a heightened standard”.

10 August 2022

First judgment to test e-commerce platform liability for IP infringement in Thailand

The IP & IT Court has issued a landmark judgment finding that Alibaba was not liable for a third party’s alleged IP infringement on its platforms.

09 August 2022

What KIPO’s new examination guidelines mean for virtual goods

Examination revisions in South Korea could have a significant impact on how brand owners approach trademark applications, especially in relation to digital products.

08 August 2022

General Court considers use of trademark for hotel services where hotel is located outside the EU

The decision highlights that, where goods or services are provided abroad, advertising alone may be sufficient to amount to genuine use.

08 August 2022

IP Court clarifies criteria for assessing distinctive marks

The IP Court has overruled Rospatent with regard to the strength of visual elements of particular word marks, highlighting the subjective nature of assessment and the importance of visually distinctive branding.

04 August 2022

Is it possible to register country names as trademarks?

After six years in wait, the EUIPO’s Grand Board is now examining an invalidation motion filed by the Icelandic Ministry for Foreign Affairs against the British supermarket chain Iceland.

04 August 2022

Inside Manolo Blahnik’s 22-year trademark battle

DLA Piper, the legal adviser to Manolo Blahnik, recounts a trademark battle that spanned 22 years but ended with Blahnik winning the fight to register his brand in China.

03 August 2022

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