All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter.

Benelux adopts measures to protect personal details in trademark register

In an effort to address the privacy concerns of trademark holders, the Benelux Office for Intellectual Property (BOIP) has recently stopped the default display of trademark owners’ addresses in its online Trademarks Register.

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EUIPN publishes manual on trademarks’ descriptiveness

On 15 September 2023, the European Union Intellectual Property Network (EUIPN) published a Manual on Descriptiveness of Trade Marks in collaboration with the Intellectual Property (IP) offices/registries of the CARIFORUM States—namely, Barbados, Belize, Cuba, the Dominican Republic, Guyana, Jamaica, Saint Kitts and Nevis, Saint Lucia, St Vincent and The Grenadines, Suriname, and Trinidad and Tobago

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EUIPO says “no” to emoji as trademark

The European Union Intellectual Property Office (EUIPO) Board of Appeal (BoA) recently turned down an appeal to reconsider an EUIPO Examiner’s decision to not grant trademark status to a mark that is commonly identified as an emoticon for “I love you.”

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European Council adopts GI rules for craft and industrial products

On 9 October 2023 the European Council adopted the new European Union (EU) regulations protecting geographical indications (GIs) for craft and industrial products, with the aim of enhancing consumer awareness and enabling small businesses to protect and promote the names of renowned non-agricultural items, globally and in the EU.

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India extends deadline for comments on IP manuals and guidelines

On 30 August 2023, the Office of the Controller General of Patents, Designs and Trade Marks of the Government of India issued a public notice extending the deadline for stakeholder inputs on the revision or creation of manuals and guidelines related to patents, designs, trademarks and geographical indications till 15 November 2023.

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Israel issues CP3 practice paper

With an aim to enhance transparency, legal certainty and predictability for the benefit of all stakeholders, the Israel Patent Office (ILPO) has implemented the European Union (EU)’s Common Practice CP9 (Distinctiveness of Figurative Marks Containing Descriptive/Non-Distinctive Words) with effect from 26 September 2023.

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Lithuania integrates Madrid eFiling system

On 6 September 2023 the Lithuanian Intellectual Property Office completed the first phase of integration with the World Intellectual Property Organization (WIPO) Madrid eFiling system through the Software Package Back Office (SP BO).

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Madrid Protocol fees revised for Canada

Pursuant to the provisions of the Common Regulations under the Madrid Agreement and Protocol Concerning the International Registration of Marks, the Director General of the World Intellectual Property Organization has modified the amounts of individual fees applicable when Canada is designated in an international application or in an application for renewal of international registration or is a subject of subsequent designation.

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Madrid Protocol fees revised for European Union

Pursuant to the provisions of the Common Regulations under the Madrid Agreement and Protocol Concerning the International Registration of Marks, the Director General of the World Intellectual Property Organization on 12 September 2023 notified revised individual fees applicable when the European Union is designated in an international application or in an application for renewal of international registration or is a subject of subsequent designation.

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Madrid Protocol fees revised for Turkey

Under the provisions of the Common Regulations under the Madrid Agreement and Protocol Concerning the International Registration of Marks, the World Intellectual Property Organization on 6 October 2023 notified revised individual fees applicable when Turkey is designated in an international application or in an application for renewal of international registration or is a subject of subsequent designation.

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Madrid Protocol rules for provisional refusal notifications revised

On 19 September 2023 the World Intellectual Property Organization (WIPO) published an Information Notice stating that certain amendments to Rules 17, 18, 32 and 40 of the Regulations Under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks will come into effect on 1 November 2023.

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Malta upgrades back office system for trademark proceedings

The Maltese Intellectual Property Office updated its back office system on 29 September 2023, in compliance with the second transposition of the EU Trade Marks Directive (No. 2015/2436).

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Mongolia joins Madrid e-Filing community

On 15 October 2023 the Intellectual Property Office of Mongolia (IPOM) launched the Madrid e-Filing system for its national applicants who want to protect their marks abroad under the Madrid Protocol Concerning the International Registration of Marks, thus becoming the 21st intellectual property office to offer this facility.

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New Zealand revises trademark practice guidelines

The Intellectual Property Office of New Zealand (IPONZ) recently updated its trademark practice guidelines to provide clarity on applications related to non-fungible tokens (NFTs), virtual goods and services and manufacturing services.

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Revised Madrid Protocol to enter into force soon

Amendments to Rules 17, 18, 32 and 40 of the Regulations under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Mark, adopted during the 57th session of the Madrid Union Assembly, will come into force on 1 November 2023 while amendments to Rules 21, 23bis and 32 will become effective on 1 November 2024.

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Senegal joins Geneva Act of Lisbon Agreement

On 5 September 2023, the Government of the Republic of Senegal joined the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (Geneva Act) by depositing its instrument of accession with the Director General of the World Intellectual Property Organization.

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Spain updates Common Tools Integration tool

On 5 October 2023, the Spanish Patent and Trademark Office (OEPM) upgraded its Common Tools Integration (CTI) tool for trademarks to the 3.4 version, which aims to improve data quality through bug fixes and performance enhancements.

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USPTO introduces new trademark search tool

The United States Patent and Trademark Office (USPTO) recently announced the beta launch of its new, cloud based trademark search system that is set to replace the current Trademark Electronic Search System (TESS).

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