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  • According to Taiwan's trade mark examination practice, a three-dimensional mark in the form of a product packaging container is generally considered not inherently distinctive, and is registrable only upon proof of the secondary meaning acquired through long-term and extensive use. Without such evidence, the TIPO will refuse registration of the mark or require the applicant to disclaim the exclusive right to use the packaging container if there are distinctive word and/or device elements on the packaging container.
  • In April 2016, the Trademark Trial and Appeal Board (TTAB) issued a precedential decision in Noble House Home Furnishings, LLC v Floorco Enterprises, LLC. This decision is a good reminder about the advisability of memorialising a grant of rights in situations where a company registers a mark in the name of one entity and then exploits the mark through a related entity.
  • 2015 was a year of definite improvement over 2014 for design decisions from the Court of Justice and the General Court in Luxembourg. David Stone explains, however, that progress still needs to be made to provide certainty for designers and practitioners
  • Sports sponsorship is big business, and can bring benefits to both the brand owner and the endorser. Nisha Kumar discusses how you can minimise the damage when things go wrong
  • The recently introduced EU trade mark reforms limit the scope of the own name defence. James Whymark and Rachel Boakes explain why the change was introduced, and ask if it is really necessary
  • Utility patent protection for software inventions has been severely limited since the Alice decision. Tracy-Gene G Durkin considers an alternative: protecting GUIs with design patents
  • The patentee's obligation to fully describe their invention, including the best mode of implementation, has recently been found to be fully enforceable in Australia.
  • The EU General Court rejected The Body Shop's Community trade mark application for Spa Wisdom, covering cosmetic products, because of the potential conflict between this application and Spa Monopole's earlier registration for Spa, a Benelux brand with a reputation for mineral and aerated waters.
  • Utynam put on his most fashionable suit and accessories to attend the Luxury Brand & Retail Forum in New York last month
  • Trade secrets have been protected under Vietnam's IP regulations and other laws for many years. However, questions as to the effectiveness of such legal protection measures continue to vex lawyers and other experts. These questions stem from the laws themselves, as well as how the regulations may be applied in actual legal proceedings.