On 27 September, yet another country deposited its instrument of accession; Malaysia. This means that Malaysia can be designated in an international trademark registration (IR) as of 27 December 2019.
A recent ruling by the Court of Justice of the EU has broadened the options for taking action against online trademark infringement, by giving trademark owners a wider choice of court, as Casper Hemelrijk explains.
With an estimated three billion people using smartphones and other electronic handheld devices worldwide, the importance of obtaining IP protection for graphical user interfaces (GUIs) is only set to grow. Casper Hemelrijk offers advice on creating an effective protection strategy.
Commercial success for pharmaceutical companies is highly dependent on the acquisition and enforcement of IP rights. While speed to filing is important in most instances, registering a trademark too early could have a negative impact on validity, as Casper Hemelrijk explains.
It looks as if the year is going from bad to worse for McDonald’s trademark portfolio. After the fast food chain’s EU registration for ‘BIG MAC’ was cancelled in January, the EUIPO has now partially revoked its EU word mark for ‘MC’. Casper Hemelrijk outlines the ruling.
The Court of Justice of the EU dealt the final blow to Red Bull’s trademark registration yesterday (29 July), after it agreed with the EU General Court’s 2017 decision that the colour combinations were not sufficiently ‘clear and precise’, and therefore not able to function as trademarks.
A well-maintained IP portfolio and, just as importantly, a well-maintained record of the IP portfolio can add significant value to a company, as well as making it an attractive proposition.
Regulation (EU) 2019/933 on Supplementary Protection Certificates (SPCs) entered into force on 1 July 2019. It amended Regulation (EC) No 469/2009 on SPCs by introducing a manufacturing waiver for generics and biosimilars within the EU.
Last week, adidas suffered a third loss in its attempt to safeguard its three stripes trademark when the EU General Court dismissed the sportswear manufacturer’s appeal and confirmed EUIPO’s earlier decision of trademark invalidity.
One of the most popular panel discussions at this year’s INTA conference examined possible methods of IP protection for fictional characters. Panelist Chantal Koller sets out the European perspective.
The criteria for a mark to be ‘well known’ is higher than the assessment criteria for trademarks with reputation, and decisions can vary considerably between EU member states, as Casper Hemelrijk explains.
A recent decision by EUIPO's Board of Appeal, in a dispute over educational toys for children, illustrates the limited degree of freedom for designers under design law.