Using country names as trademarks poses unique challenges, often conflicting with public order. Some countries worldwide have specific provisions in their national legislation for registering country names or letter codes of states as trademarks. The Paris Convention for the Protection of Industrial Property as of 1883 safeguards state symbols from unauthorized registration and use as…
Since the introduction on 2019 of the filtering mechanism according to which the CJEU has to decide whether or not allow an appeal to proceed in cases that have already been considered twice (such as by the EUIPO’s Board of Appeal and by the General Court), only few appeals have been considered treating issues that…
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. Egyptian IP office joins Madrid Goods and Services Manager tool The intellectual property (IP) office of Egypt has now started contributing terms to the Madrid Goods and Services Manager…
The CMA and CAP have taken measures to address concerns with the legal framework around affiliate marketing by issuing new guidance directed at influencers. This article will briefly explain the previous regulations and then compare them to the new guidance of March 2023. This article will then attempt to determine if this new guidance has…
This is about how generative AI could affect our writing: It seems that generative AI is good at creating clear and plain language, it can put difficult matters into simple terms. This ability inspires both anticipation and dread: anticipation that AI will bring relief from the grinding labour of writing well, dread that our own…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months. Top 3 Kluwer Copyright Blog…
So, we’ve heard a lot about Lidl and Tesco. But – in the blog posts as in the judgment – copyright seems to be an afterthought. It might be that by paragraph 278 we all needed a coffee. It might be that we’re waiting for this point to be reviewed upon appeal. But as it…
In a decision of this year, the District Court of Hamburg confirmed that an online-magazine article about so-called perfume dupes being “smell alikes” of well-known perfumes amounted to trademark infringement (decision of 26 January in Case 327 O 130/22). The claimants were exclusive licensees of several well-known trademarks for perfume for the territory of…
It is understandable why (most) trademarks owners do not like the five-year dependency period of an international registration since in case of “central attack” or refusal of the basic application, they face cancellation of their international registration. However, it’s less understandable why the judges of the EU General Court (GC) do not like it, unless…
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. Image search functionality in TMview extended to TM5 offices On 15 May 2023, the China National Intellectual Property Administration (CNIPA), the Japanese Patent Office (JPO), the Korean Intellectual Property…
