There are several key aspects of Thailand’s registration process that rights holders need to know, from the first-to-file system to renewals. One crucial element is that examiners often consider abbreviated marks to be non-distinctive; the same goes for captions or descriptions of goods or services.
Securing geographical indications in China can be difficult for brand owners, but gaining a thorough understanding the current examination practices will increase the chances of success. The CNIPA issued guidelines last year that clarify the boundaries of these rights, which should bolster post-registration protection.
Recent amendments to the IP Law emphasise the role of third-party observations in the examination of trademark applications. The new legislation makes it easier for third parties to bring potential conflicts to the IP office and serves as a cost-effective safeguard in Vietnam’s registration system.
The TTAB has denied Monster Energy Company’s petition for cancellation of a golden PREDATOR mark and instead granted a summary judgment in connection with the claim the owner did not have a bona fide intent to use.
18 July 2024
A deep dive into two Beijing High Court judgments indicates that a company’s use of its own mobile app constitutes trademark use and can therefore maintain registration in the face of cancellation or invalidation actions. Businesses should be aware of this when dealing with trademark challenges in China.
18 July 2024
The TTAB has issued a precedential opinion, reversing a refusal to register KORN FERRY ARCHITECT on the ground that “ARCHITECT” was merely descriptive of the applicant’s HR services.
17 July 2024
The TTAB decision to affirm the likelihood of confusion refusal of HOLLYWOOD COFFEE CO for retail services highlights the importance of following the rules for entering third-party registrations into the record and shows that “something more” is not required to show relatedness between two types of service.
15 July 2024
The Myanmar IPD has reached a significant milestone in the implementation of the new law, but trademark owners and practitioners now shoulder full responsibility for monitoring the office’s publications of applications for potential conflicts.
11 July 2024
The Criminal Chamber of the Supreme Court has re-established the validity of a first-instance judgment that held the unauthorised commercialisation of registered artistic prints on third-party handbags constituted IP infringement under the Criminal Code.
10 July 2024
Current EU trademark and copyright laws could interfere with a shift towards more sustainable consumerism, a recent paper warns. However, public interest arguments might provide legal protection to repair, refurbishment and upcycling businesses where existing exceptions to IP infringement fall short.
09 July 2024
The Peruvian Trademark Office has reaffirmed that elements such as the arrangement and presentation of registered trademarks are protected by rules that seek to punish acts of unfair competition.
08 July 2024
Challenges to USPTO decisions will likely increase after a new Supreme Court ruling; however, deference-based arguments can still be made, practitioners explain.
05 July 2024
When it comes to provisional refusals of trademark registrations in the Western Balkans – whether they are based on absolute grounds or an opposition – it is crucial for rights holders to understand the legislative processes and timeframes during which to respond across the different jurisdictions to avoid delays.
04 July 2024
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