Work Area: Trademark law

Latest content

Decision highlights evolving approach to trademark and trade name conflicts in Turkey

A ground-breaking decision in Turkey, now finalised, has shed important light on the Turkish Patent and Trademark Office’s broadening of trade name protection over identical trademark applications for different goods and services.

07 April 2022

Case exposes vulnerability of marks registered prior to class category changes

The Supreme Administrative Court has found in a rights holder’s favour in a case involving shifting class categories. However, rulings in this area are inconsistent and IP owners should take steps to shore up their marks.

07 April 2022

IPO questions Florida Supreme Court order restricting diversity on CLE panels, won’t hold events in state

Association argues that diversity efforts are not a ‘quota’.

04 April 2022

More than a wine label when prestige is at stake

When a trademark achieves a reputation, owners can claim broader protection on goods and services not designated by their original registration. However, such brands also attract counterfeiters, which as the recent infringement of the PETUS mark shows, can damage reputation.

31 March 2022

Court grants motion for judgment for failure to sufficiently plead secondary meaning in product design trade dress

Although secondary meaning in product trade dress can be evidenced mostly through conclusory statements, a plaintiff must still allege specific facts that lend credence to claims of acquired distinctiveness

24 March 2022

Why pharmaceutical brands should care about the Trademark Modernisation Act of 2020

The Trademark Modernisation Act opened the door for individuals and business to use new methods to clear away unused registered trademarks from the federal register, as well as expedite the registration process.

11 March 2022

Eggs, bunnies and bars – practical lessons for brands from a long line of chocolate disputes

Confectionary giants have been doing battle on several fronts over unconventional trademarks ─ Joel Smith and Peter Elkin of Hogan Lovells dissect the biggest cases and offer clear and practical recommendations

10 March 2022

A new approach to trademark enforcement? Groundbreaking study calls for better system to protect brands

A new study has proposed an overhaul of the framework of trademark enforcement, calling for significant improvements in the global legal structure and brand owner measures.

10 March 2022

WIPO begins offering new ‘.bh’ dispute resolution service

A new dispute policy offers brand owners a way to enforce their IP rights in Bahrain. This review highlights the key differences from the UDRP

10 March 2022

What the numbers reveal about the Trademark Modernisation Act so far

A new era of proceedings at the USPTO began on 27 December 2021 thanks to the Trademark Modernisation Act. Two months in and a deep dive into USPTO data reveals how have individuals and business have been using the act

10 March 2022

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