Expert Guides - Trademarks

The corona-effect on popular trademarks

Back in January 15, 2020, the UK-based YouGov Plc published their BrandIndex with result of the so-called Buzz Rankings of around 300 Swedish trademarks during 2019

01/06/2020 Petter Rindforth, Fenix Legal, Sweden

Is "NEUSCHWANSTEIN" an IGO?

The name of this castle of Ludwig II of Bavaria was filed as European trademark by the Free State of Bavaria in many classes of goods and services

22/11/2018 Aurélia Marie, Cabinet Beau de Loménie, France

Proof of Use Programs at the United States Patent and Trademark Office and the Relation to Foreign-Based Trademark Registrations

In recent years, the United States Patent and Trademark Office (“USPTO”) has initiated programs related to the trademark registration process that are worthy of note to foreign business owners with a current or future presence in the US market

22/05/2018 Peter S Sloane, Leason Ellis, US Chelsea A Russell, Leason Ellis, US

Is Madrid Protocol the right route for your trademarks protection in the United States?

This year, the United States will mark the fifteenth “anniversary” of its accession to the Madrid Protocol governing the International Protection of Trademarks; in other words – the International Registration path in lieu of national filing of applications.

22/05/2018 Max Vern, Amster Rothstein & Ebenstein, US

The Trolls have arrived: Suspicious trademark applications on the rise

In the wake of the 2014 announcement that the Canadian Trademarks Act would undergo significant overhaul, there was much speculation about how the changes would impact the behaviour of those filing trademark applications in Canada

22/05/2018 Kohji Suzuki, Smart & Biggar, Canada Jamie-Lynn Kraft, Smart & Biggar, Canada

Canada Prepares for 2019

The Canadian Government introduced legislation in March 2014 to modernize the Canadian Trademarks Act (“the Act”) – the first significant attempt at modernization since the 1950’s

22/05/2018 Robert A MacDonald, Gowling WLG, Canada

Seizures by Brazilian Customs: the intellectual property issue

In Brazil, customs procedures involving withholding and seizure of products infringing trademarks still generate discussions, specially among Brazil Federal Revenue Service civil servants, in charge of control and inspection of customs activities

22/05/2018 Marcello do Nascimento, David do Nascimento, Brazil Vinicius Cervantes, David do Nascimento, Brazil

TSA LOCK trade mark survives invalidity challenge before EU General Court

The EU General Court (“GC”) recently dismissed a trade mark invalidity appeal made by Safe Skies, a US-based luggage lock manufacturer.

22/05/2018 Leighton Cassidy, Fieldfisher, United Kingdom

The dos and don’ts of using trademarks in social networking

According to Wikipedia “A social network is a social structure made up of a set of social actors (such as individuals or organizations), sets of dyadic ties, and other social interactions between actors.

22/05/2018 Petter Rindforth, Fenix Legal, Sweden

Exhaustion of Trademark Rights in Russia: Recent Trends in Law and Judicial Practice

This year the national principle of exhaustion of trademark rights, which has been consistently applied by Russian legislators and courts for more than ten years, is facing developments that could potentially change how this principle is applied in practice

22/05/2018 Eugene Arievich, Baker McKenzie, Russia Darya Ermolina, Baker McKenzie, Russia

3D trademarks strengthened by Federal Court of Justice of Germany

Federal Court of Justice of Germany strengthens position of good-shaping trademarks by suspending the deletion of two three-dimensional square packaging trademarks for chocolate bars of the chocolate manufacturer "Ritter Sport"

22/05/2018 F Peter Müller, Müller Schupfner & Partner, Germany

A clearer path for customs procedures in France

Globalization as well as an increased focus on cutting costs at both Fortune 500 companies and SMEs have spurred significant interest in Customs procedures to fight counterfeiting

22/05/2018 Catherine Mateu, Armengaud Guerlain, France

What do “Made in China 2025” and “One Belt One Road” Mean for Foreign Companies’ China IP Strategy?

Since President Xi Jinping proposed a new ‘economic belt’ along ancient silk roads and a 21st century maritime road in 2013 (known as the ‘Belt Road Initiative’ or ‘BRI’), and the State Council of the People’s Republic of China launched its “Made in China 2025” National Initiative (‘MiC 2025) in...

22/05/2018 Elliot Papageorgiou, Clyde & Co, China Molly Zhuang, Clyde & Co, China

China’s Trademark Reforms Signals Stronger Protection and Enforcement

The past year saw two landmark trademark cases in China with one of the largest trademark damage awards for a foreign company. A combined IP office signals opportunities for rights holders and promising news for litigants as many general courts have been stripped of their IP jurisdiction as...

22/05/2018 Ai-Leen Lim, AWA Asia, China

Invalidity of Geographically Descriptive Marks Crystal Clear

Justice Burley of the Federal Court of Australia has handed down his decision in Bohemia Crystal Pty Ltd v Host Corporation Pty Ltd [2018] FCA 235

22/05/2018 John Hannebery, Davies Collison Cave, Australia Elizabeth Godfrey, Davies Collison Cave, Australia Grace O’Connor, Davies Collison Cave, Australia

The Realities and Risks of Associated Trademarks in Canada

During prosecution of trademark applications in Canada, trademark owners with significant portfolios can expect to receive confusion citations based on other trademarks in the owner’s portfolio

21/05/2018 Grant W Lynds, Marks & Clerk, Canada

Beijing Court Confirms OEM Constitutes use in Non-use Cancellation Proceedings - Useful Tips for Trademark Owners

Much has been written about the role of China as the world’s factory and the importance of original equipment manufacturing (OEM) to China’s economy

02/07/2017 Catherine Zheng, Deacons, Hong Kong Tracy Li, Deacons, Hong Kong

Turkey’s Social Security Institute to Take Over Named Patient Pharmaceutical Imports from Pharmacists Association in May 2017

The Turkish Ministry of Health (“Ministry”) and Social Security Institute (“Institute”) announced that according to a new cost savings action plan, pharmaceuticals imported under named-patient sales will occur through the Institute, rather that the Turkish Pharmacists Association (“Association”)...

15/02/2017 Gökçe Izgi, Moroglu Arseven, Turkey

Parallel Import and Repackaging of Pharmaceutical Products in Turkey

While the European Union has long determined its approach to trademark issues for parallel imports and repackaging of pharmaceuticals, Turkish courts and legislation lack a unified and established practice on the issue. In fact, the current regulatory regime in Turkey prevents parallel import and...

03/01/2017 Gökçe Izgi, Moroglu Arseven, Turkey

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Trademarks