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  • The Patent Office examined the appeal on the official action of the examiner who refused registration of a trade mark in application number 2012728603 with priority of August 17 2012 with regard to goods in class 9 and services in class 35.
  • According to the Mexican Industrial Property Law, legally organised associations or companies of producers, manufacturers, merchants or renderers of services may apply for the registration of a collective trade mark to distinguish the products or services of their members with respect to those of others from third parties. The law also states that collective trade marks shall be governed in the absence of special provisions, by those set forth in this Law for individual trade marks.
  • On January 30 2015, the Ministry of Finance introduced Circular 13/2015/ TT-BTC guiding the implementation of regulations in the new Law on Customs on Customs enforcement against IP infringement. Circular 13 took effect on March 15 2015, and, in line with the new law, brought about changes to the border control measures that had been in place in Vietnam for the past decade. Two months into the new regime, it appears that these changes, though seemingly not substantial, have increased the transparency as well as the effectiveness of Customs enforcement.
  • Regulation (EC) 1924/2006 on nutrition and health claims made on foods defines the term "light/lite" and its permissible use. A matter of interpretation arises though due to the fact that the Greek text of this Regulation expressly provides for a definition that differs from the one appearing in all the other versions. In particular, the Greek version contains the explanation that "light/lite" is confined to products of "reduced calories", whereas such an explanation does not appear in the other versions of the same Regulation, where there is a broader requirement, according to which the indication at issue shall be accompanied by an indication of the characteristics, which make(s) the food "light/lite".
  • Using the patenting of an innovation as a commercial argument is as old as patenting itself which dates from the early 19th century.
  • The Bucharest Court of Appeal recently rendered a final decision in favour of Swarovski Aktiengesellschaft in a lawsuit against Bogdan Radulescu, the sole shareholder of the Romanian company B&B Marketing Online. The company traded jewellery, watches and pens under the Swarovski trade marks through the site www.crystalglamour.ro.
  • In Ava Ruha Corp d/b/a Mother's Market & Kitchen v Mother's Nutritional Center Inc, the US Patent and Trademark Office's Trademark Trial and Appeal Board (TTAB) issued a precedential decision regarding a registrant's ability to assert a laches defence in a cancellation proceeding. The petitioner Ava Ruha, which owned a trade mark registration for the stylised mark, Mother's Market & Kitchen, had filed petitions to cancel trade mark registrations owned by the respondent for the marks, Mother's (stylized) and Mother's Nutritional Center, on the grounds of likelihood of confusion, fraud and dilution. In its answer, the respondent asserted the affirmative defence of laches; and the parties subsequently filed cross-motions for summary judgment on the laches issue.
  • In trade mark infringement lawsuits, it is not uncommon for a defendant to assert bona fide prior use in a defence. The basis for such prior use is found in Article 36.1.3 of the Trade Mark Act which states that use of a mark identical with or similar to another's registered trade mark is not infringement if such use occurred before the filing date of the registered trade mark and was in good faith.
  • A recent IP perception survey commissioned by the Intellectual Property Office of Singapore (IPOS) reveals that 4 out of 5 Singaporeans agree that it is important to protect intellectual property rights and the works of IP creators. They are aware that IP right infringement could give rise to legal penalties, and more than half of the respondents cited moral reasons as a key deterrent for not engaging in infringing activities. The household survey was conducted with the objective of measuring Singaporeans' awareness, attitudes and behavioural dispositions towards IP and issues relating to IP rights. These results were announced at a 2015 World IP Day Appreciation Event held in Singapore on April 23 2015.
  • A proposal to consider plain packaging for tobacco products was raised in Malaysia at the International Nicotine Addiction Conference in Kuala Lumpur on April 23 and 24 2015.