Features
The upcoming unified Eurasian Economic Union system aims to establish more efficient mechanisms for obtaining protection for trademarks and appellations of origin – but it remains to be seen how it will function
In 1997 20 appeals were received in the first full year of the boards of appeals’ activity; fast forward to 2016 and that number topped 2,600. The boards have evolved their practices over the past 20 years – but preparations for the future continue
The legal business landscape has shifted significantly over the past decade, with IP departments forced to do more with less. It has also resulted in a need to align the management of IP assets with overall business objectives in a bid to demonstrate real return on investment
It has been quite a year for trademarks in Europe, with further turbulence ahead. As the EU Intellectual Property Office looks to the future, we asked users to assess its current performance and predict whether imminent industry developments will help or hinder it
The second swathe of amendments stemming from the European trademark reform package becomes a reality this October. For users, this means taking account of several important changes
The difficulties of protecting shapes and product designs as three-dimensional trademarks have been widely chronicled. However, the latest changes to the EU Community Trademark Regulation only extend the existing uncertainty with regard to absolute grounds for refusal
The 2014 reform of the Trademark Law was a watershed in terms of possible damages for trademark infringement. Now the onus is on rights holders to ensure that they collect evidence which bolsters their case
In Canada, there is as yet no clear precedent for holding a landlord liable as an intermediary for dealings in counterfeits on its premises. However, a case launched last year by Louis Vuitton could be about to change this
While many articles on alternative dispute resolution discuss the available types and how to select a mediator, more critical insight can be obtained by considering key lessons from real-world dispute resolutions
Columns
Under the current trademark law it is highly difficult to bring acquired distinctiveness as an argument to overcome a refusal for lack of distinctiveness in Costa Rica – despite international pressure
Limitations in Vietnamese laws on trademark use are creating a number of enforcement challenges for rights holders
Registering non-traditional marks in the United States presents challenges seldom encountered when registering more familiar word and symbol trademarks. Representatives from the US Patent and Trademark Office explain how to overcome some of the most common hurdles
The Third Circuit has become the latest forum to determine how courts should resolve issues of trademark ownership between a manufacturer and the exclusive distributor of a particular product when the parties’ contract is silent on the issue
Trademark-related quotes, opinions and observations from around the globe
News
Country correspondent
Protection for unregistered marks still varies according to the sector. The Federal Supreme Court’s wetter.de decision demonstrates that requirements for distinctiveness are higher for mobile applications than other titles of works
Rights holders considering entering the Russian market should be aware that, in addition to trademarks and industrial designs, a range of IP tools is available to enhance rights protection
While protection for unregistered marks is available, there is no substitution for registration. However, where marketing strategies result in a rights holder going into business without a registration, certain legal rights allow the mark owner to continue using its mark
Juggling the coexistence of registered and unregistered trademark rights on Italian family names in the wine industry is a centuries-old practice which the courts appear uninterested in changing
Unregistered trademarks and commercial signs can be protected under common law rights and unfair competition claims. However, practical issues must be considered when applying such protection
While rights holders face numerous issues when it comes to protecting unregistered trademarks with no direct or substantial sales in India, the courts have started to take a more liberal approach
Unregistered trademarks have the potential to block registration and affect the exclusivity of registered marks in Canada. Clearance searches of unregistered marks are therefore crucial before rights holders enter the marketplace
Roundtable
Experts from Canada, Germany, Russia and the United States discuss cutting-edge strategies for the creation of resilient licensing programmes which can maximise the prospects of commercial success while reducing risk
