Search results for

A new bilateral agreement promises mutual recognition of certain geographical indications from Europe and China. Katharina König and Matthew Murphy explain

With the EU proposing updated laws regarding online services and enforcement, brands including Dyson outline what could, and should, be included

Texas and California judges and lawyers weigh in on remote hearings, how counsel can cut travel time but may stifle non-verbal communication, and on the likelihood of continuing virtually after COVID-19

Companies explain why employees are key to monitoring international trademark issues, and contemplate whether COVID-19 will make these checks harder

Evidence of non-use of a mark for three consecutive years constitutes a prima facie showing of abandonment, triggering a rebuttable presumption that a mark was abandoned without intent to resume use. The rebuttable presumption then shifts to the party contesting an abandonment claim to submit evidence of use during the alleged period of non-use in situations where its registration basis is either Section 1(a) or 44(e) of the Trademark Act. However, in the circumstance of a ‘never-used’ mark registered on the basis of Trademark Act Section 66(a), an intent to begin use is acceptable evidence to rebut the presumption of abandonment. This distinction played a key role in a decision recently rendered by the Trademark Trial and Appeal Board (TTAB) in Wirecard AG v Striatum Ventures B.V.

Cheese and alcohol consortiums mull whether geographical-based protections could be devalued as organisations begin to request waivers granting changes to production methods

Jie He, Mengmeng Yu and Xia Zheng of AFD evaluate the role of trademark disclaimers in similarity examinations, analysing a number of cases dealing with the issue

Bruce Tang of China Patent Agent examines non-infringement declaration litigation, looking at a range of issues including the different steps involved in such disputes, burden of proof, the scope of the claim and jurisdiction

Simon Tsi, Chenyan Wu and Tracy Lin of Chang Tsi look at different strategies that can be employed during patent prosecution, including those relating to divisional applications, deferred examination and applications concerning business methods and algorithms

Fabio Giacopello and Ariel Huang of HFG examine the different articles relating to bad faith in the Trademark Law, including malicious filings, the circumstances in which a related entity can apply for a trademark, infringement of others’ rights and fraud