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Jul 11, 2019
Simon Casinader, Senior Associate, K&L Gates LLP, United Kingdom
First published at www.iplawwatch.com


Three stripes and you’re out!” – The EU General Court r...


Simon Casinader, Senior Associate, K&L Gates LLP, United Kingdom, First published at www.iplawwatch.comOn 19 June 2019, the EU General decided a case about the validity of Adidas’ EU trade mark registration for three stripes. In the General Court’s decision, the Court upheld the invalidity of the mark on the basis that: (i) the mark wasn’t used consistently and evidence of reversed/amended versions of the mark was inadmissible; and (ii) Adidas failed to show acquired distinctiveness across the EU, providing admissible evidence for only five EU Member States. In 2013, Adidas applied for EU Trade Mark 12442166 with the  read more

Jul 10, 2019
Lee Lin Li and Chong Kah Yee, Tay & Partners, Malaysia
First published at www.lexology.com


Licensing and securitisation under the Trademarks Bill ...


Lee Lin Li and Chong Kah Yee, Tay & Partners, Malaysia, First published at www.lexology.comThe long awaited Trademarks Bill 2019 (“Bill”) which is modelled on the Trade Marks Act of the countries which have acceded to the Madrid Protocol introduces significant and substantial changes to the current Trade Marks Act 1976 including amendments to the law on assignment and licensing of trademarks. Essentially, it introduces a new concept of “registrable transaction”, replaces the current system of registered user with a licensing regime and recognises trademarks as personal and moveable property which may be the subject of a security interest.
The Bill introduces a new concept of “registrable transactions” which is defined as “transactions determined by the Registrar in the guidelines or practice directions”. It is noted that “registrable transactions” are not limited to transactions in relation to registered trademarks, but also cover dealings in relation to pending applications.
Although the Registrar has yet to issue any guidelines or practice directions as to what constitutes “registrable transactions”, it may be relevant to refer to the Singapore Trade Marks Act that provides a list of “registrable transactions” that include: (i) an assignment of a trademark or any right
 read more

Jul 09, 2019
Marietta Flores, OMC Abogados & Consultores, Peru

The Three-dimensional Marks, why is it difficult for th...


Marietta Flores, OMC Abogados & Consultores, PeruThe three-dimensional marks are a type of marks, little known, used and applied for registration by companies in our country. They are perhaps not very requested not only in Peru but also in other countries, because in order to get to access the registry they need to go through several filters before succeeding, and this makes businessmen have no incentive to apply for this type of signs. As the name implies, three-dimensional marks are three-dimensional forms of the products, their packaging or wrappings that are distinguished from those of  read more

Jun 20, 2019
Åsa Krook, Lasse Laaksonen, Ben Rapinoja, Borenius Attorneys Ltd, Finland
First published at www.borenius.com


The New Finnish Trademarks Act entered into force on 1 ...


Åsa Krook, Lasse Laaksonen, Ben Rapinoja, Borenius Attorneys Ltd, Finland, First published at www.borenius.comThe new Finnish Trademarks Act entered into force on 1 May 2019. With the new act, Finland finally implements the revised EU Trademark Directive, enforces the Singapore Treaty on the Law of Trademarks and brings the present trademark regulation originating substantially from 1964 up to date. The reform also introduces amendments to the related legislation such as the Finnish Company Names Act, the Criminal Code and the relevant procedural acts. The current provisions concerning collective marks and control marks are included in the new Trademarks Act, and the current Act on Collective Marks is annulled.
The new act brings certain changes to the current application and renewal proceedings, such as mandatory online filing of trademark and renewal applications. The new act also introduces new classification rules and restricts the scope of protection for black and white figurative trademarks. Under the new act, black and white trademarks will not cover all colour variations but only the version in black and white. The requirement for
 read more

Jun 20, 2019
Casper Hemelrijk, Novagraaf Nederland B.V., The Netherlands
First published at www.novagraaf.com


The Board of Appeal gives Red Bull back its wings


Casper Hemelrijk, Novagraaf Nederland B.V., The Netherlands, First published at www.novagraaf.comBack in October 2018, the General Court of the EU decided that energy drink Red Bull and alcoholic drink Flügel were not similar products, effectively limiting the scope of protection for trademark owners in the drinks sector. By calling on its reputation, Red Bull has found a way to fight back. In 2011 Red Bull filed an application for a declaration of invalidity of the EU wordmark FLÜGEL, which was registered by Asolo in class 33 (alcoholic drinks, except beers) and class 32 (beers and non-alcoholic drinks). Red Bull filed its  read more

Jun 13, 2019
Christopher Heer, Toba Cooper, Daryna Kutsyna, Heer Law, Canada
First published at www.heerlaw.com


Amendments to the Trade-marks Act Will Come into Force ...


Christopher Heer, Toba Cooper, Daryna Kutsyna, Heer Law, Canada, First published at www.heerlaw.comIn 2014, the Canadian government proposed amendments to the Trade-marks Act. Through Bill C-31, The Economic Action Plan Act 2014, No. 1, and 2016's Bill C-30 aiming to implement Comprehensive Economic Trade Agreement (CETA), the Trade-marks Act will undergo substantial changes due to take effect this year. In preparation for the coming into force of the new legislation, the Canadian Intellectual Property Office released draft Trade-marks Regulations for consultation and review. The finalized regulations were published in the Canada Gazette on November 14, 2018 and with them, an announcement of the upcoming June 17, 2019 coming into force date for the amendments.
These changes will have a significant impact on the Canadian trademarks system as we know it. If your business currently owns a registered trademark, or is planning to register one soon, it is vital to learn the effect of these changes.
The revised Trade-marks Act and Trade-marks Regulations align Canadian trademark law with that of Canada's major international trading partners including the United States and the
 read more

Jun 06, 2019
Xiang GAO, P.C.& Associates, China
First published at www.pcassociates.cn on May 9, 2019
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The Fourth Amended Chinese Trademark Law will be Effect...


Xiang GAO, P.C.& Associates, China, First published at www.pcassociates.cn on May 9, 2019On April 23, 2019, the Standing Committee of the National People's Congress, China's top legislature, approved revisions to eight laws, on construction, fire protection, electronic signature, urban-rural planning, vehicle and vessel tax, trademark, anti-unfair competition and administrative permission. The fourth amended Trademark Law will come into effect on November 1, 2019. The amendment aims at combating bad faith application without actual intention to use, strengthening punishments on trademark infringement and raising read more

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Mr. Dong Wei, founder of P. C. & Associates, started his IP career after graduation from Peking University with a B.S. degree in Electronics in 1991. He qualified as patent attorney, attorney at law, and trademark attorney. In 1998, he also obtained a LLM degree from Peking University. He specializes in IP prosecution and litigation as well as advising on strategy for protection of intellectual property rights. He is one of the most experienced and well-known IP litigators in China with deep involving in some patent and trademark lawsuits deemed as first case for some certain principles. Some cases were selected as typical cases by the Supreme People's Court of China.

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