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Okt 10, 2019
Hongxia Wu, CCPIT Patent and Trademark Law Office, China
First published in Asia IP China Strategies Guide


Protection of Well-Known Trademark in China


Hongxia Wu, CCPIT Patent and Trademark Law Office, China, First published in Asia IP China Strategies GuideIt is often stated that in China a well-known trademark enjoys the broadest protection in a trademark legal system. This article will help you clearly understand how broad the protection scope of well-known trademark is in different circumstances and the related strategies. There is no sole well-known trademark protection law in China. We must explore the actual protection scope from different Chinese laws and judicial interpretations, which may mainly include the Chinese Trademark Law as well as the Interpretation of the Supreme People's Court on  read more

Okt 10, 2019
Igor Alfiorov and Yulia Kropivka, PETOŠEVIĆ Ukraine
First published at www.petosevic.com


Mattel Inc. Faced Trouble Registering Barbie® Trademark...


Igor Alfiorov and Yulia Kropivka, PETOŠEVIĆ Ukraine, First published at www.petosevic.comMattel Inc., US manufacturer of numerous globally known toy brands, faced problems trying to register its most famous trademark Barbie® in Ukraine, in certain classes of goods.
Mattel Inc. already owns trademark registrations for the famous doll brand in Ukraine. According to court papers, in September 2016, the US company filed a trademark application No. M201619948 to register the trademark BARBIE for goods in classes 8 (hand tools), 29 (meats and processed foods), 30 (staple foods) and 32 (light beverages). In February 2018, the Ukrainian PTO issued a provisional refusal against Mattel’s trademark application for being confusingly similar to the prior trademark БАРБІ (BARBI in Cyrillic), Reg. No. 32903, which covers goods in classes 29, 30 and 32, and was registered by “Food company Yasen”, LLC in July 2003. “Food company Yasen”, LLC is a Ukrainian manufacturer of soft drinks, mineral water, and confectionery products. According to Yasen’s
 read more

Sep 19, 2019
Giulia Beneduci, De Berti Jacchia Franchini Forlani, Italy
First published at www.lexology.com


CJEU provides clarifications on jurisdiction for on-lin...


Giulia Beneduci, De Berti Jacchia Franchini Forlani, Italy , First published at www.lexology.comOn September 5, 2019, the Court of Justice of the European Union handed down a significant judgement on a request for a preliminary ruling concerning jurisdiction over EU trademark infringement performed electronically (CJEU, 05.09.2019, C-172/18, AMS Neve et al. vs. Heritage Audio et al.). In essence, the CJEU was asked to clarify whether the owner of an EU trademark alleging that its rights were infringed by a third party through advertising and offers for sale displayed electronically, could bring an action against such third party  read more

Sep 05, 2019
Lim Eng Leong, Henry Goh & Co. Sdn Bhd, Malaysia
First published at www.henrygoh.com


A Change Would Do Us Good


Lim Eng Leong, Henry Goh & Co. Sdn Bhd, Malaysia, First published at www.henrygoh.comAfter close to a decade of intermittent discussions, proposals, referendums and making up for lost time between the powers-that-be and stakeholders, the new Trademarks Bill (and soon to be Act) of 2019 finally see the light of day. This would mark (pun intended) an ambitious and complete overhaul of the aging Trade Marks Act 1976. The new Bill was tabled in the Malaysian Parliament on 11 April 2019 and was approved (with some amendments) by the Lower House (Dewan Rakyat) on 02 July 2019 and the Upper House (Dewan Negara) on 23 July. Pending royal assent, it is now almost as  read more

Aug 22, 2019
Sarah Musgrave, Charles Russell Speechlys LLP, United Kingdom
First published at www.charlesrussellspeechlys.com


Motion Marks: The new moving trade marks and guidance f...


Sarah Musgrave, Charles Russell Speechlys LLP, United Kingdom, First published at www.charlesrussellspeechlys.comThe UK Intellectual Property Office (UK IPO) has recently granted the first multimedia moving trade mark following a change in the requirements for non-traditional trade mark applications under the 2015 Trade Marks Directive. The mark was granted to Toshiba and consists of a one second clip of the Toshiba logo surrounded by Origami-style folding coloured triangles. The granting of the mark follows the elimination of the requirement for trade marks to be represented graphically. Instead, intellectual property owners can now use  read more

Aug 07, 2019
Jonathan Tonna and Antoine Camilleri, Mamo TCV, Malta
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New Maltese Opposition Procedure


Jonathan Tonna and Antoine Camilleri, Mamo TCV, MaltaIn December 2018 the Maltese Industrial Property Registrations Directorate (IPRD) transitioned from a long-standing system of ex officio examinations of new trademark applications for potential conflict with pre-existing marks to an opposition system, as required by Directive (EU) 2015/2436 approximating the laws of EU Member States relating to trademarks.
Under the ex officio procedure, the IPRD would run its own searches in the Maltese and EU trademark registers and raise objections to new applications whenever potential conflict with existing marks was identified. Applicants would then be given the opportunity to make their case before the IPRD if and when an objection was raised.
This system was scrapped shortly after the issuing of Legal Notice 343 of 2018 (“The Trademark Search and Opposition Rules”), whereby the new opposition procedure was introduced. The said law was issued by the Ministry for the Economy, Investment and Small Businesses in the run-up to the promulgation of Malta’s new Trademarks Act (Chapter 597 of the
 read more

Aug 06, 2019
Axel Anderl and Alexandra Ciarnau, DORDA Rechtsanwälte GmbH, Austria
First published at www.lexology.com


"BLACK FRIDAY" - Now Freely Usable for Promotions in Au...


Axel Anderl and Alexandra Ciarnau, DORDA Rechtsanwälte GmbH, Austria, First published at www.lexology.comBlack Friday is unquestionable one of the most profitable and busiest days of the year for the retail industry, particularly online. Worldwide almost all online stores offer sales or other promotions on Black Friday or Cyber Monday. However, after this practice has been established online, a trademark for "BLACK FRIDAY" was registered in Germany back in 2013.
In 2016, a Chinese company acquired the trademark and then filed for its extension to Austria in 2017. Based on the registered trademark, it granted exclusive rights to an Austrian company, which licensed usage rights to various partner stores against remuneration.
Further, an exclusive "Black Friday-Cooperation Program" was established. Non-partners who used the event name or trademark were prosecuted and requested to either pay a license fee or refrain from running Black Friday promotions. Some followed the request and entered into license agreements. Eventually some, however, did challenge the validity of the
 read more

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