Topic: Trademark

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A smooth [not crunchy] win in Bega’s favour  

The facts of the 2019 Federal Court decision in Kraft Foods Group Brands LLC v Bega Cheese Limited were far from simple.  The case centred around a battle between Kraft and Bega, involving considerations of ownership and divestment of rights in trade dress and goodwill and internal and external trade mark licensing structures. Ultimately, the … Continue reading

USPTO Expedited Initial Examination for COVID-19-Related Trademark Applications

On June 15, 2020, the U.S. Patent and Trademark Office (“USPTO”) announced a new program, effective June 16, 2020, to help expedite the initial examination of U.S. trademark applications for marks relating to qualifying COVID-19 medical goods or services. The USPTO typically examines trademark applications in the order they are filed, with most applicants receiving … Continue reading

Canada’s Trademark Overhaul – 1 year out

On June 17, 2019, Canada’s trademark regime went through the most significant changes in over 50 years.  Where have we landed, a year after the new provisions came into force? One thing seems certain: Canada’s Trademark Examiners are loving the new “non-distinctive” objection.   It has become the objection du jour, and sometimes appears to be … Continue reading

Insights from the Australian Intellectual Property Report 2020

Intellectual Property (IP) Australia published their 2020 edition of the Australian IP Report (the IP Report) on 24 April 2020. The IP Report, which can be accessed here, provides a current overview of the IP sector in Australia and the latest data on the IP rights (IPR) administered by IP Australia. Reports such as the … Continue reading

Singapore leads the way on promoting its IP Hub

The Intellectual Property Office of Singapore (IPOS) made headlines recently when its Chief Executive, Daren Tang, was appointed as the next Director-General of the World Intellectual Property Organisation with effect from 1 October 2020 (see this link for more information). As Chief Executive of IPOS since November 2015, Daren has earned accolades for several initiatives … Continue reading

Could the use of Punitive Damages be the way forward in China?

In September 2019, the Shanghai Pudong District People’s Court awarded triple punitive damages to Balanced Body Inc., which according to the Shanghai government news report was the first such award for a Shanghai Court to a foreign plaintiff. Background Balanced Body is a provider of Pilates equipment and education and holds PRC trade mark registrations … Continue reading

Trademarks, Internet sales, and personal jurisdiction

On February 10, 2020, the Seventh Circuit federal appeals court ruled that an Illinois-based seller of dietary supplements could maintain a federal Lanham Act and Illinois state law claims against a California-based competitor that had only an online presence, and no physical presence in Illinois. (Curry v. Revolution Laboratories, LLC, 949 F,3d 385 (7th Cir. … Continue reading

UPDATE: Canadian Intellectual Property Office further extends all deadlines to May 1st

In response to the continuing disruption caused by the COVID-19 outbreak,  the Canadian Intellectual Property Office (CIPO) has announced on March 27, 2020 a further extension for filing deadlines  – all deadlines ending in the month of April 2020 will automatically be extended to May 1, 2020. Parties in proceedings before the Trademarks Opposition Board should … Continue reading

Online Brand Management: Avoiding Toxic Social Influencers

Online brand protection must be taken into consideration, particularly when faced with changing consumer behavior, market uncertainty and rampant misinformation. Social influencers with large audiences that value their opinions on consumer products and health regimes are a valuable tool for companies and governments looking to reach large online communities quickly. However, some influencers have been … Continue reading

UPDATE ON COVID-19 : CIPO announces extensions in wake of outbreak in Canada

Given the many challenges faced by all businesses in dealing with the COVID-19 outbreak, the Canadian Intellectual Property Office (CIPO) has advised that it will relax filing deadlines for the remainder of March 2020.  This decision was first announced on March 16, 2020 and further updated yesterday, March 19, 2020. What you need to know All … Continue reading

Stranger than Sci-Fi Part 2: Should Artificial Intelligence machines be recognised as owners of IP?

IP legislation often finds itself struggling to plug gaps in the law caused by the rapid pace of technological change, and the state of the law surrounding ownership of AI-generated products is no different. In the first article of this series, we considered how current Australian patent and copyright law frameworks would deal with questions … Continue reading

USPTO adopts new communication and electronic filing requirements

The U.S. Patent and Trademark Office (USPTO) has published a new Examination Guide, enacting certain requirements that will go into effect this Saturday, February 15, 2020. Among the new requirements are two important changes. Most significantly, the USPTO will now require all new applications to list an email address for the applicant, even where the … Continue reading

My oh my Myanmar! 

The Myanmar government has recently flagged its intention to implement new trade mark laws commencing mid-2020. This is good news for global brand owners hoping for Myanmar’s laws to be better aligned to international trade mark standards. However, brand owners must take positive steps to ensure that their trade marks remain protected under the new … Continue reading

China update: Good news (with a warning) for brand owners outsourcing the manufacturing of their products in China

Global trade is currently a clear focus between nations around the world, and we are seeing trade agreement negotiations effecting world economies in an increasingly direct fashion. As IP specialists, we are always alive to the legal developments that fall out of these negotiations, particularly how they impact domestic laws in relation to balancing the … Continue reading

Are IP Australia costs awards set to finally reflect costs incurred? Proposed changes to trade mark hearing cost awards

In December 2019, after much anticipation, IP Australia released a draft of proposed amendments to the costs that may be awarded in relation to trade marks proceedings heard before IP Australia. IP Australia comments that these changes should ensure awards more accurately reflect the actual costs incurred by parties and are based on Federal Court … Continue reading

Focus on the reform of French trademark law following the transposition of the “Trademark Package”

Order n°2019-1169 of 13 November 2019 on goods and services marks, its implementing decree n°2019-1316 of 9 December 2019 and the Minister of the Economy and Finance and the Minister of Public Accounts decision of the same date on procedural fees of the French national institute of industrial property (INPI, the acronym for the original … Continue reading

The perilous legal protection of the shape of product

In its decision dated 24 October 2019 (Case T601/17, Rubik’s Brand/EUIPO – Simba Toys), the General Court of the European Union has confirmed the invalidity of the European Union’s three-dimensional trade mark “Rubik’s Cube”, which consists of the shape of the famous puzzle. The launch of a new product generally involves heavy investments (including marketing) … Continue reading
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