Tag archives: trade mark

Manufacturing in China? Chinese courts confirm the benefits of seeking local registered protection

Georgina Hey (AU)Henry YuanBy Georgina Hey (AU) and Henry Yuan on Posted in Trademark
Putting aside some recent COVID-related bumps in the road, China remains the world’s largest manufacturer. A large portion of its manufacturing consists of original equipment manufacturing (OEM) under contract. OEM involves manufacturing goods intended for export only, and not for sale domestically in China. This business model has solidified China as a critical manufacturing hub … Continue reading

Implementation of the Madrid Protocol in Hong Kong

Justin Davidson (HK)Phoebe Poon (HK)By Justin Davidson (HK) and Phoebe Poon (HK) on Posted in General, Trademark
On 19 June 2020 Hong Kong gazetted the Trade Marks (Amendment) Ordinance, paving the way for the application of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) in Hong Kong.  This follows on from the outcome of a public consultation conducted back in 2014. Currently, there are 106 … Continue reading

Singapore leads the way on promoting its IP Hub

Justin Davidson (HK)Jeremiah ChewBy Justin Davidson (HK) and Jeremiah Chew on Posted in General, Trademark
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

My oh my Myanmar! 

Georgina Hey (AU)Matt Allen (AU)By Georgina Hey (AU) and Matt Allen (AU) on Posted in Trademark
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

Amendment to Chinese Trade Mark Law on bad faith trade mark applications with no intention to use

Justin Davidson (HK)Phoebe Poon (HK)By Justin Davidson (HK) and Phoebe Poon (HK) on Posted in Trademark
Complaints regarding the growth of bad faith trade mark applications in China have been raised for a while now.  The existing Trade Mark Law in China does not readily imply bad faith on trade mark applicants with no genuine intention to use. On 23 April 2019, the Standing Committee of the National People’s Congress passed … Continue reading

Do not be fooled — Misleading solicitations regarding your trademarks

Alicia Groos (US)Stephanie Schmidt (US)By Alicia Groos (US) and Stephanie Schmidt (US) on Posted in Trademark
Misleading trademark solicitations are becoming an epidemic. Trademark owners beware! If you have registered a U.S. federal trademark, you may know that you must periodically make certain filings to maintain or renew your registration. For most post-registration maintenance filings, there is a one-year window in which to make the filing and a six-month grace period … Continue reading

Cryptocurrency and trademarks – a lesson in jurisdiction

Susan Ross (US)Kathleen Scott (US)By Susan Ross (US) and Kathleen Scott (US) on Posted in Trademark
On October 22, 2018, a federal trial court in Manhattan granted web services conglomerate Alibaba Group Holding Limited’s request for a preliminary injunction against several defendants that were offering cryptocurrency for sale, under the name “AlibabaCoin.” (Alibaba Group Holding Ltd. v. Alibabacoin Foundation, No. 18-CV-2897 (JPO) (S.D.N.Y. Oct. 22, 2018) Although neither Alibaba nor any … Continue reading

USPTO warns of unauthorized changes to trademark files

Susan Ross (US)By Susan Ross (US) on Posted in Trademark
On October 19, 2018, the U.S. Patent and Trademark Office (PTO) posted a general warning on its website that unauthorized changes have been made to “a number” of active trademark applications and registrations. The PTO indicated that the unauthorized changes affect “a small percentage of total applications and registrations.” What can you do? If you … Continue reading

Changes proposed regarding parallel imports – An exhausting concept for Australian trade mark owners?

Frances Drummond (AU)Rebecca Brenikov (AU)By Frances Drummond (AU) and Rebecca Brenikov (AU) on Posted in Trademark
In this article, we consider; the changes to the Trade Marks Act proposed in respect of parallel imports which the Draft Explanatory Memorandum states are aimed at ensuring that the law “better meet[s] the objective of facilitating the parallel importation of goods into Australia to the benefit of consumers by limiting the strategic use of … Continue reading

The European Commission has its say: EU trade marks post-Brexit

Georgina Hey (AU)Sophie Lees (AU)By Georgina Hey (AU) and Sophie Lees (AU) on Posted in Trademark
On 28 February 2018, the European Commission released its draft withdrawal agreement setting out a proposal on the arrangements for the withdrawal of the UK from the EU (Withdrawal Agreement). The full text of the Withdrawal Agreement can be viewed here: European Commission’s Draft Withdrawal Agreement dated 28 February 2018 (see Title IV on Intellectual … Continue reading

Cybersquatters – How to protect your brand from unwanted ‘guests’ online

Georgina Hey (AU)Rebecca Brenikov (AU)By Georgina Hey (AU) and Rebecca Brenikov (AU) on Posted in Advertising, Trademark
The internet is now the normal conduit for everyday personal, commercial and social transactions. It is more important than ever to ensure that your consumers know where to find your business online, and that no third parties are seeking to trade off your reputation in the online space. Domain names are the primary form of … Continue reading

What Brexit means for IP: The UK Law Society, the IP Bar, CIPA and CITMA weigh in on Brexit strategy

Georgina Hey (AU)Rebecca Brenikov (AU)By Georgina Hey (AU) and Rebecca Brenikov (AU) on Posted in Advertising, General, Trademark
It’s no surprise that many in the professional and legal services industries are putting increasing thought into what the post-Brexit world will, or should, look like. The Chartered Institute of Patent Attorneys (CIPA) in the UK has been the latest body to put its two cents (or pennies) into the mix. Brand owners from all … Continue reading

Don’t be a Turkey! – Lessons learnt for trade mark owners as the Wild case concludes

Alyson Poole (AU)By Alyson Poole (AU) on Posted in Trademark
A recent High Court of Australia (HCA) decision has marked the finale of the dispute between Lodestar Anstalt (Wild Geese Whiskey) and Campari America LLC (Wild Turkey Bourbon), with the HCA refusing to grant Wild Turkey Bourbon leave to appeal the 2016 decision of the Full Federal Court of Australia.  For full background on the … Continue reading
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