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Trade marks Archive

  • Twelve common misconceptions about US trade marks

    November 25, 2015

    Despite the value put on trade mark rights in business, there are many myths about them. Cary A Levitt and Luke S Curran explore 12 costly and common misconceptions

  • B&B Hardware applied to non-confusion issue for first time

    November 24, 2015

    A US district court in Maryland has become the first court to apply the Supreme Court’s B&B Hardware ruling to an issue other than likelihood of confusion, in Ashe v PNC Financial Services

  • New Controller in India

    November 20, 2015

    Sh O P Gupta has become the new Controller of Patents, Designs and Trade Marks in India

  • Which IP practitioners are moving firms in the Americas?

    November 19, 2015

    In our regular round-up, we summarise recently announced partner and national IP office moves in the Americas, including a new role for the former PTAB chief judge and hires from BakerHostetler, Shearman & Sterling, Baker Botts, Potomac Law Group, Covington, Jones Day and more

  • Mexico publishes bill to introduce trade mark opposition system

    November 12, 2015

    A bill has been introduced in the Mexican Senate that, if passed, would implement a process for opposing trade mark applications

  • Euromoney Legal Media Group Asia Women in Business Law Awards 2015: Winners announced

    November 12, 2015

    The best female lawyers from across the region gathered at the JW Marriott in Hong Kong on November 11 to celebrate the advancement of women in the legal profession at the fifth Euromoney Legal Media Group Asia Women in Business Law Awards

  • Brexit, TRIPS, General Court and WTO – European IP news roundup

    November 10, 2015

    European Commission thinking on SPCs under the UPC, Off-patent Drugs Bill failing again in UK, the TPP being published, a WTO TRIPS Council’s decision on a pharma protection exemption request by LDCs, the European Parliament endorsing a plan to increase the number of General Court judges, and a Law Society report on Brexit and IP were in the recent IP headlines in Europe

  • USPTO’s Texas regional office officially opens

    November 10, 2015

    The permanent location for the Texas Regional USPTO regional office is now officially open

  • Latest IP moves – Europe and Africa

    November 06, 2015

    Rouse Africa, boesling IP, Bardehle Pagenberg, Inventa, Ramberg Advokater, Collyer Bristow, Redd, J A Kemp, Wood IP and the CJEU all feature in our latest summary of who’s moving where

  • The parody exception analysed

    October 29, 2015

    Parodies have long been popular in English culture, but it was only in October 2014 that a parody exception was introduced to the copyright law. A year on, Iona Silverman sets out what both rights owners and parodists should bear in mind

  • Utynam’s Heirs

    October 28, 2015

    This month, Utynam brings news and gossip from the beautiful city of Rio de Janeiro, Brazil, where the AIPPI Congress was held from October 10 to 14

  • Implementation of Canada’s Trademark Act pushed back

    October 28, 2015

    The implementation of the amendments to Canada’s Trademark Act is now not expected before 2018, with IP practitioners suggesting some strategic issues trade mark owners should consider now

  • Simone IP Services adds new director

    October 27, 2015

    Clifford Borg-Marks has joined Simone IP Services in Hong Kong

  • Good news from AIPLA's Women in IP Law Committee

    October 27, 2015

    A packed crowd at the Women in IP Law Committee Breakfast Meeting was treated to encouraging statistics about the representation of women on AIPLA panels and an informal and entertaining panel of women judges sharing their advic

  • UK and China combine to boost IP protection

    October 27, 2015

    The UK-China business community met with government representatives to discuss intellectual property development in what Baroness Neville-Rolfe described as the ‘Golden Era’ of business relations between the two countries.

  • Judges slam useless objections at AIPLA Annual Meeting

    October 26, 2015

    Judges and private practice lawyers yesterday warned it hurts clients when lawyers tussle over every claim construction term and discovery request, regardless of whether they affect the outcome of the case

  • Interview: Lisa Jorgenson, AIPLA Executive Director

    October 26, 2015

    Lisa Jorgenson was introduced as AIPLA’s Executive Director during last year’s Annual Meeting and started in the role soon after. Even after many years of involvement with the Association – including being on the Board of Directors from 2005 to 2008 – she says the past year has been a learning experience

  • The universal language of non-verbal design marks

    October 26, 2015

    Numerous global brands have adopted design marks without words as their primary branding device. These universal sign marks can transcend cultural and language barriers. What challenges do they present from a trade mark perspective? Lisa Pearson, Jill Tomlinson and Sam Kilb investigate the position in the United States

  • Ninth Circuit flips in MTM v Amazon trade mark case

    October 23, 2015

    A panel of three judges has reversed its own decision in an initial interest confusion case concerning search queries for MTM watches on the Amazon website

  • Michelle Lee outlines USPTO priorities at AIPLA Annual Meeting

    October 23, 2015

    USPTO Director Michelle Lee outlined her priorities during the Opening Plenary Session yesterday, in an interview with AIPLA Executive Director Lisa Jorgenson

  • Interview: Sharon Israel, AIPLA President

    October 23, 2015

    Sharon Israel has had a busy and rewarding year as AIPLA President. “It was the year of transition,” she says. This included Lisa Jorgenson starting as Executive Director soon into Israel’s term as president

  • Preview: copyright and trade marks at AIPLA Annual Meeting

    October 22, 2015

    Attendees will be a given a glimpse into the future with the trademark/copyright track titled “Welcome to a New World”

  • AIPPI Congress: pharma workshops roundup

    October 19, 2015

    Personalised medicine, double trouble for trade marks and a controversial discussion on compulsory licensing marked the regular pharma day at this year's AIPPI Congress

  • Fathoming functionality for designs

    October 19, 2015

    Panellists were invited to “tame the beast” of functionality in a panel on industrial designs, which also served as an appetiser ahead of the Working Question on design functionality scheduled for debate at next year’s AIPPI Congress in Milan

  • Food for thought on GIs

    October 19, 2015

    Potatoes were on the menu at an AIPPI session on collective marks and geographical indications. Armed with promotional golf equipment and cuddly toys, and sporting a potato-themed tie, Patrick Kole of the Idaho Potato Commission illustrated why the state of Idaho in the United States (“a place I’m proud to call home”) produces “the best potatoes in the world”

  • Strategies for dealing with bad faith use of trade marks

    October 19, 2015

    Attendees at a panel session at the AIPPI Congress received some advice on how to deal with a bad faith use of their trade marks

  • Interview: Felipe Claro, AIPPI President

    October 19, 2015

    Worldwide harmonisation, prior art and plain packaging are among the biggest issues on AIPPI’s radar at the moment, says Felipe Claro, this year’s President of the association

  • What to do when your brand gets taken for a ride

    October 19, 2015

    Free riding of trade marks was up for discussion at this year’s AIPPI Congress in Working Question 245 “Taking unfair advantage of trademarks: parasitism and free riding”. Michael Loney reports

  • MEP cites McDonald’s v Supermac’s CTM dispute in Parliament

    October 19, 2015

    A Member of the European Parliament has called on the European Commission to help indigenous companies in the EU benefit from the single market, citing the pending Community trade mark dispute between McDonald’s and Supermac’s to emphasise his point

  • OECD IP tax reforms win G20 approval

    October 19, 2015

    G20 Finance Ministers have endorsed the OECD’s final recommendations to reform preferential IP tax regimes, such as the Patent Box, worldwide

  • TXED drives 33% drop in US patent litigation in third quarter

    October 14, 2015

    Patent litigation in the US district courts fell in the third quarter, an analysis by Lex Machina has revealed. PTAB filing and copyright litigation also fell, while trade mark litigation was up slightly

  • Pakistan and Vietnam join AIPPI family

    October 14, 2015

    New national groups from Pakistan and Vietnam were welcomed at the AIPPI Executive Committee meeting during the Congress in Rio de Janeiro

  • Interview: Laurent Thibon, AIPPI Secretary General

    October 14, 2015

    Laurent Thibon is half-way through his term as AIPPI Secretary General. He spoke to James Nurton about changes to the structure of the association – and to his own role

  • Battling the backlog: Luiz Otávio Pimentel, INPI

    October 14, 2015

    Luiz Otávio Pimentel knew he had a tough job facing him when he took over as President of Brazil’s National Institute of Industrial Property, Ministry of Development and Foreign Trade (INPI) in July. That job became even harder as a result of Brazil revealing it entered recession in the second quarter. With that, comes a hiring freeze handed to the office by the government. The new man at Brazil’s patent and trade mark office needs to get creative

  • Interview: John Bochnovic, AIPPI Executive Director

    October 14, 2015

    John Bochnovic has become AIPPI’s first Executive Director. He talks to James Nurton about how the association is changing – and also what will stay the same

  • Interview: Sarah Matheson, AIPPI Reporter General

    October 12, 2015

    In an interview with the AIPPI Congress News, Reporter General Sarah Matheson provides a guide to what’s happening during this week’s Congress

  • AIPPI Opening Ceremony gets the party started

    October 12, 2015

    Attendees were treated to a warm welcome as well as a wide range of festive Brazilian dancing at the Opening Ceremony

  • Getting to work on next year’s AIPPI questions

    October 12, 2015

    The four working questions to be studied at next year’s Congress in Milan were debated yesterday, in a discussion led by the Reporter General team

  • Interview: AIPPI Congress Chair Luiz Henrique do Amaral

    October 12, 2015

    Ahead of this year’s AIPPI Congress, Michael Loney spoke to organising committee chair Luiz Henrique do Amaral about education, networking and the social programme

  • Congressional trade mark caucus kicks off with first briefing

    October 09, 2015

    The Congressional trade mark caucus kicked off with its first public briefing yesterday in Washington DC

  • Changes to IP procedures in Latvia

    October 09, 2015

    A new Industrial Property Institutions and Procedures Law takes effect in Latvia on January 1. Jevgenijs Fortuna explains the implications for IP owners

  • The impact of insolvency on licence agreements

    October 09, 2015

    Some jurisdictions have well-established principles concerning IP rights in insolvency proceedings, but in others the law is less clear. Bankruptcy and IP specialists in Australia, Canada, China, Germany, the UK and the US explain the key issues

  • Acquired distinctiveness in a multilingual Europe

    October 09, 2015

    The extent to which the English language is spoken and understood across the European Community was decisive in a recent trade mark case in the UK Intellectual Property Enterprise Court. Alice Stagg and David Gibbins explain

  • Judge Hacon celebrates small-claim procedure

    October 08, 2015

    A small claims track set up to help parties resolve low-value IP disputes in the UK has “taken off” according to the judge in charge of the Intellectual Property Enterprise Court (IPEC) in London.

  • Which IP practitioners are moving firms in the Americas?

    October 07, 2015

    In our regular round-up, we summarise recently-announced partner and national IP office moves in the Americas, including hires by Arent Fox, Osler Hoskin & Harcourt, Fox Rothschild, K&L Gates, White & Case and Patterson Belknap Webb & Tyler

  • Is granting a trade mark government speech?

    October 03, 2015

    The attack on Section 2(a) of the Lanham Act may lead to fundamental changes to other parts of the trade mark regime

  • Practical tips following CJEU’s Kit Kat shape ruling

    September 30, 2015

    Shapes are difficult to register as trade marks, but brand owners do have alternative means of IP protection and can take some steps to be in a better position when facing objections to trade mark registration or maintenance

  • Practitioners react to the CJEU’s ruling on the Kit Kat shape

    September 30, 2015

    Opinion is divided among trade mark practitioners on the potential implications of the recent ruling by the Court of Justice of the EU (CJEU) on the Kit Kat shape case

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