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In April 2008 the opposition division of OHIM dismissed an opposition based on German marks Pan-Ophtal and Kan-Ophtal against Bañoftal, all marks registered for pharmaceuticals in class 5. Denying likelihood of confusion OHIM held that the respective signs were sufficiently dissimilar, holding that word part Ophtal is of a highly descriptive nature as it derives from the Greek word Ophthalmos, making reference to pharmaceutical products related to the eye. In view of this low distinctive character, the visual differences between Ophtal and Oftal were to be taken into consideration despite their phonetic identity. As to the word beginnings, OHIM equally denied that any relevant similarities in the Spanish letters Bañ would be recognised by the German-speaking public, and so would not be deceived by the marks.

Recent decisions by the Technical Boards of Appeal have set a new standard for the allowability of non-disclosed disclaimers.

As a result of the accession of Croatia to the EU, set for July 1 2013, and the introduction of Community trade marks and Community designs into the territory, the jurisdiction of certain trade mark infringement procedures has expanded.

Under the Nice Agreement and the Singapore Treaty, Nice classification is not the criterion, merely the reference for determining whether two goods or services are similar or not. In China, an interpretation issued by the Supreme People's Court also provides that: "Whether goods/services are similar or not shall be determined comprehensively on basis of the recognition of relevant public. Nice Agreement and Classification of Similar Goods/Services can merely be used as reference."

During the past few years, China's investment in science and technology has increased steadily, with one result being the rising number of patent filings and improved patent quality, especially for invention applications from domestic applicants.

Don't mess with the formalities in claiming priority in Belgium. The Belgian Patent Office declines all redress. Your right of priority is lost, typically invalidating the corresponding patent.

In a recent judgment the Austrian Supreme IP Tribunal had to decide on the likelihood of confusion between the older figurative mark e@sybank and the younger Austrian figurative mark e@syCredit.

The Australian Full Federal Court has recently expanded the prior art that may be used to invalidate a patent. In the extremely complex case of Novozymes v Danisco, dealing with baking enzymes, a recently published prior art patent application included an example of a baking recipe that, if utilised, would potentially disclose all the integers of the claimed patent.

The proper registration of a mark grants the proprietor the exclusive right to use the mark. In accordance with Section 5 of the Trademark and Trade Name Law 22,362, the initial registration is effective for 10 years from the date of registration. It may be renewed indefinitely for equal periods if it is used, five years prior to each expiration date, in the marketing of a product, in the supply of a service, or as part of a commercial designation.

A new trade mark law in Ethiopia came into effect on December 24 2012. The Ethiopian Intellectual Property Office (EIPO) has since issued directives that have clarified a number of issues of critical importance.