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Nov 19, 2020
Simon Casinader, K&L Gates LLP, United Kingdom
Ravena Guron, K&L Gates LLP, United Kingdom
First published at www.iplawwatch.com


Putting Position Marks Front and Centre: CJEU Considers...


Simon Casinader, K&L Gates LLP, United Kingdom , Ravena Guron, K&L Gates LLP, United Kingdom, First published at www.iplawwatch.comIn a recent Court of Justice of the European Union (CJEU) ruling, based on a referral from the Stockholm Court of Appeal, the CJEU considered whether the distinctiveness of a sign that is to be applied to specific services should be assessed with regard to what is customary in the relevant sector. The Court clarified that, in the context of trade marks for services, the assessment of a sign's distinctiveness should not always involve an assessment of norms and/or customs of the sector. In November 2016, Östgötatrafiken, a Swedish transportation company applied for trade marks described as "position marks" for various services produced by means of vehicles and transport. The marks would consist of coloured ellipses of different sizes and placed into certain positions on buses and trains (see below for a few examples of the marks that were filed). Importantly, the position marks are affixed in a particular way to buses and trains used to provide transport services, but the shape of those vehicles were not the subject of the  read more

Nov 05, 2020
Vicente Campodonico, OMC Abogados & Consultores, Peru

Bad faith as a cause of trademark irregistrability in C...


Vicente Campodonico, OMC Abogados & Consultores, PeruBad faith at the time of registering a trademark is one of the classic figures of law within the field of Intellectual Property and a critical issue in China that causes great concern not only for the Popular Republic itself, but also for foreign companies that have this country in their sights. The increasing expansion of foreign brands in the Chinese market has led to problems regarding the protection of them and, consequently, of their owners. The number of applications for registered distinctive signs has exceeded  read more

Okt 08, 2020
Alisha Wang, P. C. & Associates, China
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Legal Avenues of Handling Trademark Infringement Suspec...


Alisha Wang, P. C. & Associates, ChinaTrademark crimes stipulated by the PRC Criminal Law are different from the general trademark infringement acts in terms of regulation scopes, degrees of severity, evidence requirements, etc. When the trademark infringement is suspected of a criminal crime, the trademark owner can directly report or make a complaint to the public security organ, or advise the civil tribunal to transfer relevant criminal clues and evidence to the public security organ to start public prosecution procedure. Alternatively, the trademark owner  read more

Okt 07, 2020
Anca Draganescu-Pinawin, IP Counsel, Novagraaf, Switzerland
First published at www.novagraaf.com


Threats with a smile: The cease-and-desist letter in a ...


Anca Draganescu-Pinawin, IP Counsel, Novagraaf, Switzerland, First published at www.novagraaf.comOn 23 September 2020, Bill Murray was sent a cease-and-desist letter by Peter Paterno of the law firm King, Holmes, Paterno and Soriano LLP, representing the rock band the Doobie Brothers. The letter called out William Murray Golf, the apparel brand set up by Murray and his five brothers (in a nod to one of his career-defining roles as a deranged gamekeeper in Caddyshack), for using the Doobie Brothers’ song Listen to the Music, among others, without permission. Given the dry, even stodgy phrasing one might expect  read more

Sep 24, 2020
Ms María Kristjánsdóttir, GH Intellectual Property / LEX, Iceland, GH Intellectual Property / LEX, Iceland

Amendments to the Icelandic Trademarks Act


Ms María Kristjánsdóttir, GH Intellectual Property / LEX, Iceland, GH Intellectual Property / LEX, IcelandOn 1 September 2020, Icelandic act no. 71/2020, amending the Icelandic Trademarks Act no. 45/1997, entered into force. The amendment act was approved by the Icelandic Parliament on 12 June 2020. The act implements the European Union trademark directive 2015/2436 into Icelandic law. It contains various new provisions and harmonizes the EU and EEA trademark systems, not only regarding trademarks but also regarding collective marks and guarantee and certification marks. A new supplementary Trademarks Regulation  read more

Sep 10, 2020
Mr. Xiaoming Liu, Chofn IP, China
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File national or international application in China?


Mr. Xiaoming Liu, Chofn IP, ChinaIf we file a trademark application in China, should we choose national filing or international filing? And why? This is a question often asked by many foreign applicants. I would like to compare the two routes from the following aspects to better assist you in making a decision. With regard to the timeframe, it can be concluded that filing a Chinese national application is more timesaving. According to the Chinese Trademark Law, the examination of a trademark application should be completed within nine months, counting from the  read more

Jul 23, 2020
Andrew Vlad Ratza, Ratza & Ratza, Romania
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Romania - New Trademark Law entered into force on July ...


Andrew Vlad Ratza, Ratza & Ratza, RomaniaThe amended Trademark Law implementing the EU Directive 2015/2436 of the European Parliament and of the Council of December 16, 2015 entered into force as of July 13, 2020. For the time being, the Implementing regulations are still pending. The main changes concern the registration proceedings, allowing for a clearer extent of protection in respect of the goods and services as well as changes in the registration and opposition proceedings, streamlining the procedure and granting a precise registration date for the trademark. In respect of the list of goods/services, the amendments implement the rules of  read more

P. C. & Associates



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9th Floor Scitech Tower, No. 22 Jian Guo Men Wai Avenue, Chao Yang District
100004 Beijing
China (CN)
Tel +86 10 655 940 91
Fax +86 10 655 940 92
dongwei@pcassociates.cn, mail@pcassociates.cn
www.pcassociates.cn

Mr. Dong Wei, founder of P. C. & Associates, started his IP career after graduation from Peking University with a B.S. degree in Electronics in 1991. He qualified as patent attorney, attorney at law, and trademark attorney. In 1998, he also obtained a LLM degree from Peking University. He specializes in IP prosecution and litigation as well as advising on strategy for protection of intellectual property rights. He is one of the most experienced and well-known IP litigators in China with deep involving in some patent and trademark lawsuits deemed as first case for some certain principles. Some cases were selected as typical cases by the Supreme People's Court of China.

P. C. & Associates is a Chinese IP firm providing high-quality, all-around “one-stop” services in respect of prosecution and litigation of patent, trademark, and copyright. P. C. & Associates has a team comprised of more than 80 professionals, including 30 patent attorneys, 21 attorneys-at-Law, and 10 trademark attorneys. Headquartered in Beijing, P. C. & Associates also has branches or representative offices in Hong Kong, Silicon Valley and Shanghai.

IP Services:
- Consultation
- Prosecution
- Litigation
- Enforcement
- Search & Monitoring
- Investigation
- Domain Name Dispute Resolution
- Portfolio Management
- Translation

CHOFN Intellectual Property



Tingxi HUO

Tingxi HUO
B316 Guangyi Plaza, 5 Guangyi Str., Xicheng
100053 Beijing
China (CN)
Tel +86 10 6213 9699
Fax +86 10 6213 1230
trademark@chofn.cn
www.chofn.com

Mr. Tingxi Huo, former trademark partner and leader of another Chinese IP firm, Peksung’s, trademark team, is now heading Chofn’s trademark team. Chofn, a veritable “one-stop IP shop”, is one of China’s leading firms with 19 offices in 17 cities.

Professional Team:
• 400+ patent attorneys & engineers
• 300+ trademark attorneys
• 40+ litigators
• 1400+ staff

IP Services:
• Prosecution
• Litigation
• Search
• Transaction
• Research & Training
• IP Software

Awards (selective):
• Trademark Agency of Excellence
• Outstanding IP Litigation Team in China
• ASIA IP Expert
• WTR 1000
• WIPR Leaders 2016 China

Ratza & Ratza



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52-54, A.I. Cuza Blvd.
011056 Bucharest
Romania (RO)
Tel +40 21 260 1348
Fax +40 21 260 1349
avr@ratza-ratza.com
www.ratza-ratza.com

Ratza & ratza is one of the leading IP firms in Romania, with extensive practice covering Trademarks, Patents, Industrial Designs, Copyrights, Domain Names, related Licensing, Litigation and Enforcement, providing representation before the Patent and Trademark Offices as well as the competent Courts of Law and Authorities in Romania and the European Union, for national and international clients.

Ratza & ratza and its people are members of INTA, ECTA, MAQUES, AIPPI, PTMG, ITMA, IPO, the Romanian Chamber of Industrial Property Attorneys and the Bucharest Bar Association.