Features
In 2005 amendments to the Mexican Industrial Property Law designed a procedure for declaring the well-known character of a mark. A recent judicial precedent contributes to the understanding of how these amendments have been interpreted
A well-functioning international licensing programme can help a brand to expand into new categories and territories, adapting to new trends and a changing marketplace. However, setting up such a programme takes hard work and ongoing care
A number of important decisions were handed down in 2015. A key theme for the year – and one that is yet to be resolved – was the constitutional debate regarding the Section 2(a) ban on disparaging trademarks
Originally developed to target internet service providers hosting websites with pirated content, website blocking orders have occasionally been applied to websites selling counterfeit goods. Could they be a powerful new weapon for brand owners?
The question of what constitutes an appropriate target for ridicule is, by nature, subjective. However, imitating a trademark for the purposes of humour or commentary may cross the line into an abridgement of proprietary rights
The WTR Industry Awards 2016 – to be presented at an exclusive ceremony at the Hilton Orlando Bonnet Creek, timed to coincide with the 138th International Trademark Association annual meeting – honour leading trademark teams and individuals across a range of sectors. We reveal the shortlist
Over the past year there has been a regular stream of cases in Africa – with the number of decisions set to increase in the coming years
Preliminary injunctions can be a valuable tool for rights holders, but they are not always straightforward to obtain. Lawyers from Hogan Lovells provide a comparative global overview of strategies for obtaining them in different jurisdictions
A number of novel cases on less commonly litigated issues of trademark law were decided in Singapore in 2015
A fashion company has secured a landmark victory along with significant damages from the Beijing IP Court. The win breaks new ground in China and shows that courts are not afraid to apply the new Trademark Law
From caravans, cars and fashion magazines to whiskey, wine and tobacco, 2015 was a year of diverse trademark cases in Australia, including key decisions from the Federal Court and the Australian Trademarks Office
A long-term enforcement strategy is a must for rights holders doing business in China. Without one, they can find themselves overspending or underspending, or overwhelmed by requests for instructions or simply the sheer magnitude of actions in China
Recent decisions and developments illustrate how the Indian legal regime is exploring unchartered territory as it seeks to accommodate the interests of domestic and international rights holders
From struggles over shape and colour marks to parodies and biscuit battles, the European courts wrestled with a diverse range of important trademark cases in 2015
China’s licensing landscape has evolved at breakneck speed in the past few years. Brand owners should keep on top of the latest developments to help them get the best deal they can and keep their trademark rights secure
As the country awaits sweeping amendments to the Trademarks Act, the courts were kept busy with decisions covering relief against non-parties, metatags, cancellation proceedings and the exemption for recognised trademarks under the Charter of the French Language in Quebec Province
While many issues remain unsettled in the new gTLD programme, after two years of the first round there are valuable lessons that brand owners can learn and apply going forward
World trends are driving global brand protection and brand integrity needs, but purely legal remedies are often insufficient. Instead, an integrated approach that utilises the right balance of legal elements, coupled with modern brand protection technology, is key
Two of the most emblematic cases on the interplay between personality rights and trademark rights were decided in 2015
Columns
A recent Federal Court of Appeal decision illustrates the inherent difficulty in registering a trademark which is descriptive, either of goods or services, or of a geographical location where the goods or services originated
News
Country correspondent
Non-traditional trademarks are usually more expensive to register and enforce, but they can also result in valuable protection for fashion wares
Reflecting the current trend towards the use of less conventional signs, the Romanian Patent and Trademark Office is open to the registration of non-traditional marks – with certain caveats
As a result of the EU trademark reforms, the number and importance of non-traditional trademarks could increase in the future
Slowly but steadily, the legislature and judiciary are recognising the significance of non-traditional marks
Turkey affords substantial protection to 3D, colour, motion and sound marks, but has a long way to go to grant comprehensive protection to taste, smell and texture marks
Brand owners will have to work harder and smarter to enable consumers to recognise non-traditional types of mark as possessing distinctive character
The potential obligations arising out of international law may become a great opportunity to tackle the underdevelopment of non-traditional trademarks
Colour marks are a powerful tool for brand owners, but require careful handling
While it is relatively easy to obtain a registration for a non-traditional trademark in Italy, the examination of validity is then left to the enforcing judges
The effects that the amendments to the Trademarks Act in Bill C-31 have on rights holders will be wide ranging, but the expanded definition of ‘trademark’ should prove to be a boon
Roundtable
Practitioners from China, Denmark, Russia, Sweden and the United States discuss the trademark issues involved in advertising – both online and in the physical world
