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Intellectual Property

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This Decision Rocks: Trademarking a Guitar-Shaped Building

Photo of Nathan Mannebach (US)
By Nathan Mannebach (US) on June 26, 2023

In a precedential decision, the Trademark Trial and Appeal Board (“Board”) allowed registration of the following design mark for “Casinos,” in International Class 41, and “Hotel, restaurant, and bar services,” in International Class 43 on behalf of the Seminole Tribe…

China – Suspension of Trade Mark Applications More Readily Available?

Photo of Justin Davidson (HK)Photo of James Kwong (HK)
By Justin Davidson (HK) & James Kwong (HK) on June 21, 2023

In our previous post (here), we talked about a change being proposed by the China National Intellectual Property Administrative (commonly known as CNIPA), prohibiting repeated filings for the same trade mark.  This was particularly concerning to brand…

Yet Another Change Coming Up?  Structural Changes to CNIPA and China’s Potential 5th Amendment to Trademark Law

Photo of Justin Davidson (HK)Photo of James Kwong (HK)
By Justin Davidson (HK) & James Kwong (HK) on April 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. 

We wish to draw attention to some of the upcoming structural changes to the China National Intellectual Property…

NUMB: BOTOX reputation insufficient to stop PROTOX

Photo of Georgina Hey (AU)Photo of Isobel Taylor (AU)Photo of Cameron Harvey (AU)Photo of Mindaugas Skavronskas
By Georgina Hey (AU), Isobel Taylor (AU), Cameron Harvey (AU) & Mindaugas Skavronskas on April 23, 2023

Earlier this month, the High Court of Australia ultimately rejected trade mark infringement and misleading/deceptive conduct claims by Allergan (owner of the injectable BOTOX®) against Self Care’s anti-wrinkle skincare products PROTOX and INHIBOX (marketed under the slogan ‘instant Botox® alternative…

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China’s accession to the Apostille Convention: Authentication procedure for foreign documents used in China to be greatly simplified

Photo of Justin Davidson (HK)Photo of Stanley Ng
By Justin Davidson (HK) & Stanley Ng on April 12, 2023

On March 8, 2023, China deposited an instrument for accession to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (also known as the “Apostille Convention”). Upon the scheduled implementation of the…

(Un)conscious Marketing: Is green really the new black?

Photo of Georgina Hey (AU)Photo of Isobel Taylor (AU)
By Georgina Hey (AU) & Isobel Taylor (AU) on February 28, 2023

As we settle into a new calendar year, we reflect on the Australian Competition and Consumer Commission’s (ACCC) 2022/2023 compliance and enforcement priorities announcing, amongst other priorities, their commitment to resolving consumer and fair trading issues regarding environmental…

Raising our (Ad) Standards: What environmental claims have Australian regulatory bodies deemed acceptable (or not)?

Photo of Georgina Hey (AU)Photo of Isobel Taylor (AU)
By Georgina Hey (AU) & Isobel Taylor (AU) on February 27, 2023

The recent announcement that the self-regulated Australian Association of National Advertisers’ (AANA) will be undertaking a review of the AANA Environmental Claims Code (Environmental Code) follows the growing community concern about the environment, increased sustainability claims…

Three Year Battle Ends with Lizzo Securing Registration for 100% THAT BITCH Mark

Photo of Kaylee A. Sill (US)
By Kaylee A. Sill (US) on February 17, 2023

In a precedential decision, the Trademark Trial and Appeal Board (the “Board”) reversed two refusals to register Grammy-winning singer Lizzo’s 100% THAT BITCH trademarks.

Lizzo’s company, Lizzo LLC, applied for two word trademarks in June 2019 for 100% THAT BITCH…

Transliterations of Chinese Characters Require a Translation Statement

Photo of Nathan Mannebach (US)
By Nathan Mannebach (US) on January 30, 2023

The Trademark Trial and Appeal Board (“TTAB”) refused registration of the mark “ZHIMA” because the applicant, Advanced New Technologies Co., Ltd., did not submit a translation of ZHIMA into English. In re Advanced New Techs. Co., 2023 TTAB LEXIS…

USPTO Adds 75 Climate and Green-Tech Terms to Trademark ID Manual

Photo of Kaylee A. Sill (US)
By Kaylee A. Sill (US) on January 27, 2023

Earlier this month, the United States Patent and Trademark Office (USPTO) announced that it is adding new climate and green tech-related terms to the Trademark ID Manual.

The USPTO has already added 75 terms that include biomethane, research and development…

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