Market Insight

Updates from an international team of correspondents who report on recent developments in trademark law and practice in their home jurisdictions, as well as strategic issues and those relating to brand protection, portfolio management and value creation.

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Scandinavia

04 JANUARY 2024

How amendments to the Trademark Act have helped align Norway with the rest of Europe

Amendments to the Norwegian Trademark Act, which entered into force on 1 March 2023, have brought the country into line with current European legislation and directives. Exploring some of these changes reveals how they may impact registration decision making.

15 JUNE 2023

Danish practice to align with EUIPO on following GI conflict over Scotch Whisky

A dispute involving the GI Scotch Whisky has led to a more harmonised approach between the DKPTO and EUIPO. It also highlights that consumer surveys are a powerful tool when evidence of public perception is required.

13 APRIL 2023

How evolving regulations are affecting trademark registrations related to NFTS and virtual goods and services in 2023

The publishing of the latest edition of the Nice Classification on 1 January 2023 provides clarity for applicants by highlighting disparities among the Scandinavian approaches to navigating trademark registration in digital marketplaces.

23 FEBRUARY 2023

Pressure mounts to register black and white marks before adoption of new Trademarks Act

With Norway set to end its tradition of protecting black and white versions of figurative trademarks from March, trademark owners and brands hoping to register must quickly assess the spectrum of colour protection their mark needs.

09 FEBRUARY 2023

Why colour marks in Denmark are so difficult to register

Among EU member states, Denmark is a particularly challenging jurisdiction in which to register single colour marks. Its high threshold for registration challenges applicants to provide solid evidence to demonstrate the need to protect a particular colour.

10 NOVEMBER 2022

Legislators propose targeting commercial image manipulation in Denmark

Entertainment, marketing and brand management professionals are bracing for impact as legislators propose full disclosure of photo enhancement for commercial use.

01 SEPTEMBER 2022

Commercial use of copyrights and the impact of working relationships on licensing negotiations

Compensation for alleged unauthorised use and sublicensing to third parties without compensation to the rights holder creates IP conundrum.

09 JUNE 2022

Scandinavian music streaming success is losing out to NFT sales

Musicians are increasingly entering the metaverse to distribute their work, using NFTs as the vehicle for doing so. With huge money involved, the music industry may be at the forefront of a new era, and IP and entertainment lawyers will need to be on their toes.

12 MAY 2022

Why Scandinavian companies have been quick to adopt NFTs

Vast sums of capital are being poured into IP protection in the NFT space, however, infringement is rife, the legislation is still vague and there is no formal dispute resolution process. The time is ripe for trademark-owning companies to incorporate NFTs into their existing IP and branding strategies.

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