A trade mark is a distinctive sign which indicates the origin of goods and services, usually refers to a registered trade marks
Let us start this article by asking two questions – would you be confused by a take-away Chinese and a posh Chinese restaurant in central London even if they share the same name? Will you convince yourself that a Mayfair Chinese restaurant has opened a branch in your small village and offers late-night take away?…
Read up on the latest news reported by the Kluwer IP Reporter here. Haiti starts using HDB in TMclass While increasing its participation in TMclass, the Industrial Property Service of the Ministry of Commerce and Industry of Haiti (SPIMCI) started using and accepting terms from the harmonised database of goods and services (HDB) in TMclass…
Read up on the latest news reported by the Kluwer IP Reporter here. Colombia publishes practice paper on figurative marks The Superintendence of Industry and Commerce (SIC) of the Columbian Ministry of Industry, Commerce and Tourism has published a practice paper giving a comprehensive explanation about the principles to examine figurative marks that have descriptive…
The Swiss Federal Supreme Court upheld FIFA’s claim and found that the figurative marks “PUMA WORLD CUP QATAR 2022” and “PUMA WORLD CUP 2022” were misleading. At the same time, it ruled on the counterclaim by Puma that the trademarks “WORLD CUP 2022” and “Qatar 2022” refer descriptively to the World Cup event and are…
The prince and his prince house – where he lived happily ever after The Swiss Federal Administrative Court, as the appeal authority in opposition proceedings, supported the decision of the FIIP and ruled that there was a likelihood of confusion between the younger trademark “Prinzenhaus” (engl. prince house) and the earlier trademark “Prinz” (engl. prince)…
By Tamara Céline Winegust and Janice Bereskin. On June 17, 2022, it will be three years since the coming into force of major amendments to the Canadian Trademarks Act, and, importantly, three years since the Trademarks Office began registering trademarks without claims of use. In just under a month, those trademarks will start becoming vulnerable to…
The Israeli Deputy Registrar, in a recent decision, overturned a rejection made by the examiner, and allowed the registration of a trademark for the Hebrew transliteration of “Chef Line” in classes 11 and 35 (Trademark Application No. 315406). In her decision, the Deputy Registrar accepted the arguments of the applicant, A.M. Chef Line Limited, which…
Read up on the latest news reported by the Kluwer IP Reporter here. Liberia introduces new rules on trademarks, patents The Republic of Liberia has recently promulgated some regulations on trademarks and patents under the Industrial Property Act of 2016. Read the full story here Morocco accedes to Hague System On 22 April 2022, the…
The Madrid Protocol makes it possible to extend protections from an international registration to the United States. A United States District Court has just cautioned practitioners that they must satisfy the intent to use requirements for all United States trademark applications before availing themselves of this tool. A recent contest between Oatly AB and D’s…
This case ABP Technology Ltd v Voyetra Turtle Beach, Inc. & Anor (Rev1) [2021] – EWHC 3096 (Ch) (19 November 2021) concerns two parties using highly similar/identical marks (STEALTH) on identical goods. This article discusses some key takeaway points arising from their dispute, as well as the tactics that the parties used. Both parties were involved…
