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The Russian examiner fell victim to his love for France when he decided a trade mark application was a menace to the national interests of France. An applicant from the Ukraine filed a trade mark application (number 2006706477/50) claiming Evsinjak in Russian and Latin characters for alcoholic beverages. The examiner refused the application arguing that Evsinjak (Evsignak?) could be perceived by the consumers as a word of French origin and could even be understood as pointing to a geographical indication. The applicant appealed the decision of the examiner to the Chamber of Patent Disputes (CPD), which reversed the decision and pointed out that the word in Russian and Latin was not a word in either language including of any language using Latin characters. In fact, the word was coined by the applicant. He argued that the examiner refused registration because he believed France was one of the leaders in the production of alcoholic beverages including Cognac and Armagnac and consequently the claimed designation could be misleading with regard to the location of production of those beverages.

In the case of Elba SpA v Fiamma Sdn Bhd [2008] 3 MLJ, Elba, an Italian maker of cooking appliances, filed an originating motion for a declaration that it owned the Elba mark and that Malaysian company Fiamma's Elba registrations in class seven and 11, which had been registered for more than seven years, were entries made without sufficient cause and/or were entries wrongfully remaining on the register. Elba also asked for an order to expunge the marks from the register under sections 37 and 45 of the Trade Marks Act 1976.

At the time of ratifying the European Patent Convention, Greece filed a reservation based on article 167.2 EPC, prohibiting the patent protection of pharmaceutical products. This reservation remained in force until October 8 1992 and covered all patents for which an application was filed before that date. However, the TRIPs Agreement, which took effect in Greece as of February 9 1995, contains provisions for enhanced protection of pharmaceutical products.

One of the earliest products that may see a benefit from the paediatric SPC extension in Germany is Merck's Cozaar (losartan potassium). The German SPC is due to expire on September 2 2009, and Merck applied in due time for a paediatric extension with the German Patent Office on February 27 2009, filing an extensive compilation of supporting documents. In accordance with a Notice of the German Patent and Trade Mark Office dated January 28 2009, concerning the implementation and interpretation of the Paediatric Regulation Number 1901/2006, the request for paediatric extension included the results of all studies performed in compliance with the paediatric investigation plan agreed to by the EMEA and also a copy of an EU Commission decision that it has been verified that the application for the corresponding marketing authorisation includes these results.

The well-known carmaker Mazda has registered trade marks for the word Mazda and its logo, which are both famous trade marks, in Austria. A firm in the province of Lower Austria offers chip-tuning services for different types of cars. In chip-tuning, chips are built into the electronic command parts of the car to achieve a higher power output of the motor. However, chip tuning also leads to much higher wear, making original warranties and guarantees no longer valid. To advertise its services, the firm runs a website on which it lists the cars for which it offers the service. In doing so, it uses the word marks and the logos of the car manufacturers, among them the marks of Mazda. Mazda sued for trade mark infringement.

Comparative advertising is a type of advertising in which one's own product or service is compared with a competing product or service. If such ads specifically mention or refer to the trade mark or name of the competing product or service, they are deemed explicit or direct comparative advertising. If neither the trade mark nor the name of the competing product or service are mentioned, but may be easily ascertained by consumers, this is known as implicit or indirect comparative advertising.

Folklore and other forms of traditional knowledge – that is artwork, stories and legends, traditional medicinal preparations, traditional symbols and the like originating from indigenous sources – have become items of commercial significance in the modern world. Traditional communities are seeking protection for their works similar to that enjoyed by IP owners, endowing works with the ability to earn revenue.

I will be going to the INTA Annual Meeting for the first time this year. I've heard it can be pretty daunting. How can I make the most of the meeting while retaining my sanity?

From Hara Kenzo, Harakenzo World Patent & Trademark

A Q&A guide to the OHIM fee changes that come into force this month