THURSDAY, 17 AUGUST 2017
China Trademark Festival 2017: are you coming to the MARQUES sub-forum?

We mentioned this last month -- and we're reminding you again.  MARQUES is participating in the China Trademark Festival 2017, where we are conducting a Sub-Forum.  

The China Trademark Festival 2017 is being held in the Guilin International Conference and Exhibition Center, 22 Lijiang Road, Guilin, Guangxi.  The Sub-Forum itself takes place on Sunday 3 September and it lasts all morning (9 am to 12.30 pm, to be precise). The title is "Effective trade mark and brand protection and enforcement strategies from national to regional and going global: brand owners’ needs v legal obligations and available procedural means".  

Want more information? Just read on!

The Chair of MARQUES Council Dr Gregor Versondert and other invited Corporate members of MARQUES and eminent Guest Speakers representing  the China Trademark Association, the China Trademark Office, the Chinese industry, and other official institutions will take part in two Panel Sessions – moderated by Ms Julia Hongbo Zhong and Mr Sébastien Vitali, respectively the Chair and Vice-Chair of MARQUES China Team. They will discuss a wide range of topics covering: the significance of brands and their cultural impact; the proper selection of trade mark filing and prosecution strategies as the first means of brand protection; a comparative analysis of those in conjunction with trade mark classification and trade mark examination practices in national, regional and international jurisdictions, across trade mark clearance and freedom-to-use in a multijurisdictional environment; defence of trade marks against bad faith use and registration; and comparative analysis of trade mark litigation.

The full Programme of the MARQUES Sub-Forum as well as further details about MARQUES at the China Trademark Festival 2017 are now available on the MARQUES website at  https://www.marques.org/conferences/.

To know more about the China Trademark Association and the Festival itself, do please visit the China Trademark Association’s official website at http://cta.org.cn/english/ctf/.

The China Trademark Association whas generously agreed to apply the special registration fee of US$ 650 to all MARQUES members who would like to register for the Festival. The registration form can be found at http://cta.org.cn/english/ctf/201703/W020170329675984457318.doc.

For those interested in attending the sub-forum, please contact Alessandra Romeo directly on aromeo@marques.org

Posted by: Blog Administrator @ 16.56
Tags: China Trademark Festival 2017, MARQUES Sub-Forum,
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FRIDAY, 28 JULY 2017
Latest ETMR now available

The  August 2017 issue of the European Trade Mark Reports (ETMR) has now been published, once again a few days before its cover date.

To remind readers, the ETMR is a series of law reports published monthly by Sweet & Maxwell. It contains English-language reports, together with informative headnotes, of recent decisions from national and EU courts and intellectual property offices.  

Two decisions are reported in this issue, both being from England and Wales. One is an office decision on whether the words TALK FOR are capable of being a registered trade mark at all (there are also some passing-off and bad faith points). The other is a Court of Appeal battle between Glaxo Wellcome and Sandoz over the ability of an unconventional trade mark -- in this instance a dark purple -- conveyed an unfair competitive advantage.

MARQUES members are reminded as usual that, if they have been involved in European trade mark litigation which is of significant interest, and if they can provide an English-language text of the full decision of the court, the ETMR will be delighted to consider it for publication. Communications should be sent to the Editor, Dr Stavroula Karapapa at s.karapapa@reading.ac.uk.

Posted by: Blog Administrator @ 10.44
Tags: ETMR,
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TUESDAY, 25 JULY 2017
Feeling festive? Come to the MARQUES sub-forum!

You may not know it, but MARQUES is participating in the China Trademark Festival 2017, where we are conducting a Sub-Forum.  

The China Trademark Festival 2017 is being held in the Guilin International Conference and Exhibition Center, 22 Lijiang Road, Guilin, Guangxi.  The Sub-Forum itself takes place on Sunday 3 September and it lasts all morning (9 am to 12.30 pm, to be precise). The title is "Effective trade mark and brand protection and enforcement strategies from national to regional and going global: brand owners’ needs v legal obligations and available procedural means".  

Want more information? Just read on!

The Chair of MARQUES Council Dr Gregor Versondert and other invited Corporate members of MARQUES and eminent Guest Speakers representing  the China Trademark Association, the China Trademark Office, the Chinese industry, and other official institutions will take part in two Panel Sessions – moderated by Ms Julia Hongbo Zhong and Mr Sébastien Vitali, respectively the Chair and Vice-Chair of MARQUES China Team. They will discuss a wide range of topics covering: the significance of brands and their cultural impact; the proper selection of trade mark filing and prosecution strategies as the first means of brand protection; a comparative analysis of those in conjunction with trade mark classification and trade mark examination practices in national, regional and international jurisdictions, across trade mark clearance and freedom-to-use in a multijurisdictional environment; defence of trade marks against bad faith use and registration; and comparative analysis of trade mark litigation.

The full Programme of the MARQUES Sub-Forum as well as further details about MARQUES at the China Trademark Festival 2017 will be made available shortly on the MARQUES website at  https://www.marques.org/conferences/.

To know more about the China Trademark Association and the Festival itself, do please visit the China Trademark Association’s official website at http://cta.org.cn/english/ctf/.

The China Trademark Association whas generously agreed to apply the special registration fee of US$ 650 to all MARQUES members who would like to register for the Festival. The registration form can be found at http://cta.org.cn/english/ctf/201703/W020170329675984457318.doc.

For those interested in attending the sub-forum, please contact Alessandra Romeo directly on aromeo@marques.org

Posted by: Blog Administrator @ 10.15
Tags: China Trademark Festival 2017, MARQUES Sub-Forum,
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FRIDAY, 21 JULY 2017
Here are a couple of surveys: can you help with them?

Not everyone knows how useful the EUIPO Users Associations (UA) group is, but this request for a few minutes of your time shows how focused the UAs are.  The message we have received reads as follows:

CP1 & CP2 Benefit Analysis

Following several rounds of feedback with User Associations, the most recent being at the EUIPO Users Group Meeting in April, the benefit analysis questionnaires on the CP1 and CP2 convergence projects are ready to be circulated among users.

These questionnaires aim to evaluate how successful the CP1 and CP2 projects have been in fulfilling their objectives and, principally, to what extent they have delivered on the benefits to users that were identified at their outset: legal certainty; quality and usability; clarity and transparency; time and cost savings [all of which are of great interest and importance to those who depend on the services of the EUIPO as a means of protecting their investment by underpinning their commercial plans with a secure legal basis]. To do so, they are directed at practitioners whose regular work includes trade mark filing and/or opposition and cancellation proceedings. 

The timing of these questionnaires is particularly important. Three years have now has passed since the CP1 and CP2 projects were endorsed, which is sufficient time for their impact on trade mark classification practice to be felt. What’s more, the SP2020 cycle of convergence projects is now at the point of launch (see above news item). Therefore results of the benefit analysis will not only help to improve the approach of these projects, but will ensure that they target those benefits that are most relevant for users.

Below are the links to the questionnaires, which will be available until 30 July [this is not a hundred years from now -- it's just ten days away -- so don't delay!]:

The members of the User Associations are invited to submit responses to the questionnaires. All input received will contribute to improving the user experience and ensuring the success of future convergence initiatives.

Posted by: Blog Administrator @ 16.40
Tags: EUIPO, Users Associations,
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FRIDAY, 7 JULY 2017
Farewell, fee irregularities -- and hello, streamlined e-Renewal

"Say Goodbye to Fee Irregularities with Madrid e-Renewal" is the cheerful title of WIPO's latest Madrid News bulletin.  If you want to know what this fond farewell is all about, look no further. We have reproduced the full text of the bulletin below:

We understand the value of your brand…and your time [we should jolly well hope so, after all the time and effort that MARQUES has expended in trying to get the message through]. As part of ongoing efforts to streamline our e-services, we’ve changed the Madrid e-Renewal  system to help minimize the risk of fee-related irregularities.
 
Starting Thursday, July 6, 2017 [that's yesterday, if you are reading this today, or next week if you are still living in the past ...], online requests for renewal are available three months prior to the expiry of your international trademark registration. After paying through the e-Renewal system, your request will not be affected by any subsequent fee changes. This means you can predict the cost of your renewal with greater accuracy and certainty. 
 
Click here to learn more

.

Posted by: Blog Administrator @ 11.48
Tags: Madrid System, fees,
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TUESDAY, 4 JULY 2017
Madrid: things just keep getting better

Our friends at WIPO are being helpful again, as the information below indicates.  You may know about this already, since the changes referred into the communication below were approved by the Madrid Union Assembly in October of last year. We are pleased to add that that the limitations examination issue was covered in both Class 46 (June 13) and the June edition of the MARQUES newsletter.

1. Amendments intended to benefit holders

In response to requests from users and members, Rule 25 (1)(a)(iv) has been amended to allow holders to request changes concerning their legal nature and state of organization. This change can be requested on its own, or along with a change in the holder’s name or address.

With the adoption of new Rule 27bis, holders will be able to request the division of an international registration for an individual Contracting Party (if permitted by the Office in question).  This could be useful in the event of a partial provisional refusal, where division would allow the granting process to continue for those goods and services that were not refused, ultimately leading to a more time- and cost-efficient process. 

And finally, where an Office of origin has issued a “provisional” notice concerning the ceasing of effect of a basic mark, the Office will be required to issue a notice once a final decision has been reached, making it easier for holders to stay apprised of the status of their marks (Rule 22).

2. Amendments aimed at assisting Offices of designated Contracting Parties

Amendments to Rules 3, 25 and 32 of the Common Regulations will require WIPO to notify Offices of any appointment, change or cancellation of a representative before WIPO, while an amendment to Rule 18ter(4) will make it easier for Offices to notify WIPO of further decisions concerning the scope of protection of international registrations.

Additionally, where an Office is unable to communicate with non-local holders due to domestic legislation, a new Rule 23bis will permit these Offices to transmit communications to such holders through WIPO.

3. Amendments to help clarify WIPO’s role

The adoption of amendments to Rules 12, 25 , 26 and 27 has helped clarify the level of examination by WIPO with regard to limitations contained in international applications, as well as those requested for international registrations.

In addition, when cancelling an international registration following the ceasing of effect of its basic mark, WIPO will now also cancel (to the extent applicable) international registrations resulting from a partial change in ownership, division or merger (Rule 22).

Posted by: Blog Administrator @ 23.11
Tags: Madrid System,
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TUESDAY, 27 JUNE 2017
Latest ETMR now available

The July 2017 issue of the European Trade Mark Reports (ETMR) has now been published, a few days before its cover date.

To remind readers, the ETMR is a series of law reports published monthly by Sweet & Maxwell. It contains English-language reports, together with informative headnotes, of recent decisions from national and EU courts and intellectual property offices.  

Five decisions are reported in this issue.  Two are from England and Wales. One, from the Intellectual Property Enterprise Court, features a wonderful mixture of issues, including a claim for groundless threats of infringement. It's Azumi Ltd v Zuma's Choice Pet Products Ltd and it reflects well on that court's ability to process a multitude of legal issues swiftly and efficiently. There's also another in the apparently endless succession of rulings on the adidas three stripe marks, this time a cancellation decision from the EUIPO's Second Board of Appeal.

MARQUES members are reminded as usual that, if they have been involved in European trade mark litigation which is of significant interest, and if they can provide an English-language text of the full decision of the court, the ETMR will be delighted to consider it for publication. Communications should be sent to the Editor, Dr Stavroula Karapapa at s.karapapa@reading.ac.uk.

Posted by: Blog Administrator @ 12.43
Tags: ETMR,
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