Sara De Toledo

The Class 46 blog is pleased to publish the first article in a new series by members of the Education Team, in which they provide a fresh perspective on MARQUES and its members.

For this article, Education Team member Graeme Murray asked Sara De Toledo, fellow Team member and first time attendee at this year’s Annual Conference, to discuss her experience in The Hague, tips for first time attendees, and her plans for future involvement with the organisation:

This was your first MARQUES Annual Conference: how did you hear about MARQUES and why did you decide to attend this year?

First of all, I would like to thank MARQUES and, in particular, the Education Team for giving me the opportunity to share my experience. This was my first time attending the MARQUES Annual Conference, and it truly exceeded my expectations.

I first heard about MARQUES several years ago when I began specialising in intellectual property. A colleague mentioned the association and told me which members of our firm would be attending the MARQUES Annual Conference that year. A few months later, another colleague who had just joined as an intern received the Lewis Gaze Memorial Scholarship from MARQUES for their essay on trademarks, which included an invitation to attend that year’s and the following year’s Conference.

Since then, MARQUES has been a professional reference point and a key source of knowledge for me. This year, my firm kindly gave me the privilege of representing them within the association, so that is why I attended the Conference for the first time.

How was your experience of the Conference as a first timer?

From the moment I arrived in The Hague, my experience was excellent. The Conference is extremely well organised. Even before travelling, participants have access to all the relevant information (accommodation, transport, the venue, and more) which makes the experience very smooth.

The fact that MARQUES arranges the entire schedule, including sessions, lunches, dinners, and social activities, is a huge advantage, as it allows attendees to focus on what really matters: participating in the sessions and networking with colleagues from across the profession.

I particularly enjoyed the presentations, not only because of the topics covered, but also because of the impressive calibre of the speakers. It was inspiring to meet people with similar interests, but also those with different perspectives. Overall, it was an incredibly enriching experience.

What did you enjoy most about this year’s conference?

Without a doubt, the sessions and the evening event at Madurodam.

Madurodam is a park featuring miniature models of the most famous landmarks in the Netherlands, a unique and fascinating venue for a social evening. The park was closed exclusively for MARQUES attendees, who had the opportunity to explore it while enjoying a fun, themed night in great company. The variety of international cuisine, paired with good beer and lively conversation, made it truly unforgettable.

You have also joined the Education Team; what attracted you to the Team?

I wanted to get more deeply involved in MARQUES and contribute actively to the association’s work. The Education Team’s main objectives (managing the Lewis Gaze Memorial Scholarship, developing educational materials, organising seminars and workshops, and leading research and development projects) align perfectly with my own professional interests.

For several years, I have been committed to teaching as a trademark law lecturer in the Master’s in Intellectual Property and New Technologies at the Instituto Superior de Derecho y Economía (ISDE). I enjoy staying in touch with younger generations and serving as a bridge between academia and the professional world. Joining the Education Team gives me the opportunity to collaborate with educators and students from various universities and to help develop educational resources.

How do you intend to be involved in the general activities of the Education Team?

First and foremost, by attending the annual MARQUES meetings and the regular Committee sessions, which I believe are essential.

I have also volunteered to act as an additional liaison between universities and the association, reaching out to scholarship recipients to help build connections between students and MARQUES professionals.

MARQUES is an association where every professional has a place. However, young professionals can sometimes feel a little overwhelmed in such a highly experienced environment. I would like to help promote initiatives aimed at this group and encourage their active participation in the association.

I also look forward to contributing to the preparation of articles on relevant topics and the development of educational materials.

This was also the first time leaving your child, how did you find balancing conference and that milestone?

Thank you for asking. Yes, I have a baby, and attending the conference was a personal milestone for me, as it was the first time I had been apart from her for several days. It’s a challenge that many first-time parents face and finding that balance between professional and personal life is so important.

Having the support of one’s partner, family, or close circle is key. In my case, my husband fully understands how important my career and professional development are to me, and he is as involved as I am in raising our daughter. His support allowed me to focus fully on the conference and truly enjoy the experience.

Were there any sessions that really widened your knowledge or particularly interested you this year?

I found all the sessions very interesting, but one that particularly stood out was Brands in International Trade. It offered valuable insights into the challenges companies face today due to the rise of counterfeit goods and the growing second-hand market and how these developments impact brand owners’ defence strategies and action plans.

What tips would you give to future first time MARQUES attendees?

First, I would recommend planning the trip well in advance and keeping an eye on all the information provided by the association whether via email or on the MARQUES website, to make the most of the experience.

I would also suggest familiarising yourself with other attendees ahead of time to identify people you might like to meet for coffee, lunch, or dinner, and even reaching out before the event to arrange a meeting during the Conference.

Go with an open mind, ready to meet new people and exchange ideas. And, most importantly, relax and enjoy every part of the programme. MARQUES is one of the most prestigious IP conferences, bringing together top professionals from around the world, so attending the sessions is always a highly rewarding experience.

Do you plan on attending next year’s conference in Lisbon?

Absolutely! I plan to attend all the Annual Conferences and hope to become an active and contributing member of the association.

I love the idea of discovering a different city each September, It’s a wonderful attraction for members. Attending every year also helps keep up with legislative and case law developments, strengthen professional relationships, and, who knows, perhaps one day connect with every member of MARQUES!

Ukrainian trademark data is included in TMview, with effect from 22 October 2025, according to an announcement by EUIPO and the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO).

The announcement came as João Negrão, the Executive Director of EUIPO, welcomed Olena Orliuk, Director of UANIPIO, on her first official visit to the EUIPO headquarters in Alicante during the recent Liaison Meeting on Cooperation.

The addition of nearly 600,000 trade marks from UANIPIO means that the TMview database now comprises over 134 million trade marks from 80 participating IP offices.

The project was completed under the aegis of the EU-funded EU4IP project, which supports Ukraine in aligning its IP framework with EU standards.

TMview offers free access to trade mark data. Since its launch on 13 April 2010, users have performed over 148 million searches, with frequent visitors from Germany, Italy, Spain, and the United States.

EUIPO also supports the Ukrainian IP community through a comprehensive cooperation framework, including: enforcing EU sanctions against Russia in collaboration with EU institutions and implementing the 2024-2025 Work Plan under the Memorandum of Understanding.

On 31 December 2025, it will be five years since the United Kingdom left the European Union. After this date, owners of UK clone registrations (with a 009' or 008' prefix) will no longer be able to rely on use of their mark within the EU to support a claim of genuine use and/or reputation of their UK clone registrations.

As a result, UK clone registrations that have not been used in the UK during the five years prior to 1 January 2026 will become vulnerable to total (or partial) cancellation for non-use, leaving rights holders unable to take enforcement action before the UK courts and unable to rely on their UK clone registrations in opposition or invalidation proceedings before the UK Intellectual Property Office.

In anticipation of this important milestone, it is imperative that rights holders diligently review their portfolios of UK clone registrations in order to establish the extent of their past and present use (within the UK), and ascertain any future plans to exploit these potentially valuable assets in the UK, after 31 December 2025. 

Where such rights have not been used on the UK market, but continued protection is still desired (in whole or in part), rights holders should consider commencing (genuine) use of their UK clone registrations as soon as possible and/or possibly filing new UK trade mark applications in order to safeguard their UK rights.

Post by Gavin Stenton, partner at Penningtons Manches Cooper and Chair of the MARQUES International Trade Mark Law and Practice Team. For more information on this topic, please contact a member of the Team

Picture from the MARQUES archive

The following SME Fund vouchers have reopened for applications, as new funds have been made available:

• Voucher 1 – IP Scan (IP pre-diagnostic service) and IP Scan Enforcement
• Voucher 2 – Trade marks and Designs
• Voucher 3 – Patents

The Ideas Powered for business SME Fund is a European Commission initiative implemented by EUIPO to help EU-based SMEs protect their IP rights.

Applications can be submitted by a business owner, employee or authorized external representative. The vouchers awarded can be used to claim a reimbursement, which is transferred directly to the SME’s bank account.

Since its launch in 2021, the programme has supported more than 95,000 SMEs in the EU.

More information is available on the SME Fund website (see picture above).

From 1 November, all international trademark registration holders and their representatives must have on-record email addresses for each asset they own or manage to be able to request changes.

WIPO has published an information notice and news update informing users about the change.

It encourages users to check their status using Madrid Monitor to verify that there are on-record email addresses for all assets. Holder email addresses are missing from some international trademark registrations.

Email addresses can be added or updated by logging into your WIPO account.

Once the email address is added, you can log in to eMadrid using a WIPO account with the same email address to find your international trademark registrations in your workbench.

WIPO says it takes up to one hour for email addresses to be fully recorded in its systems. Changing additional details can take longer.

The new requirement is designed to strengthen the security of international trademark registrations while preserving privacy.

WIPO states that, from 1 November, it will not be able to process requests for changes in ownership, limitations, managing representative and other requests without valid and unique email addresses on-record for both holder and representative.

The 23rd Session of the Working Group on the Legal Development of the Madrid System for the International Registration of Marks was held in Geneva from 22 to 26 September 2025.

Members of the MARQUES International Trade Mark Law and Practice Team (Gavin Stenton, Paola Tessarolo, Jessica Le Gros, Tove Graulund, Robert Rauther, Manuela Bruscolini and Joseph Sarmiento) attended the session remotely and in-person.

They summarise the key decisions and discussions below.

Proposed introduction of a requirement for Contracting Parties to issue national or regional registration/renewal certificates

Recordings of all the Working Group sessions, and transcripts, are available on WIPO's website

The Working Group discussed this potentially significant topic in considerable detail, having regard to the differing approaches that are currently adopted by Contracting Parties, some of whom already observe this practice.

Moving forward, the International Bureau (IB) was tasked with preparing a new document refining the proposals in light of certain views and concerns expressed by several delegations, and conducting a survey among the Offices of Contracting Parties and users of the Madrid System on the need for and practical advantages of such certificates and to present a document with its findings.

Other proposed amendments to the Regulations

The introduction of a new official form in PDF format to cancel the recording of the appointment of a representative was agreed, noting that an online version of this form already exists.

The Regulations were updated to reflect the fact that the address of an opponent referenced in a notification of provisional refusal does not need to be indicated by the Offices of designated Contracting Parties.

The Working Group discussed the possible introduction of a new requirement whereby statements of grant of protection would indicate the date on which protection was granted as well as the date as from which the use requirement starts, aimed at addressing the divergent approaches contained in the laws of Contracting Parties.

A number of practical concerns were voiced by several delegations as well as some suggestions that the IB will now consider when preparing a new document.

The Regulations were also amended to allow for changes in the electronic mail address of holders and representatives to be recorded in the same way as a change of name or physical address.

Proposal by the delegation of the United Kingdom

The UK's proposal contained some very interesting ideas aimed primarily at enhancing user experience of the Madrid System, including the possible introduction of a centralised replacement procedure via the IB, partial renewal of IRs for certain goods/services (vacating the current need for partial renunciation prior to renewal) and the faster allocation of IR numbers, particularly in the context of adding subsequent designations to pending IR applications where an IR number is yet to be generated.

The Working Group agreed that discussions should continue on these topics and requested that the IB (in coordination with the UK delegation) produce a more detailed document that further elaborates on and discusses the legal, operational and other practical implications of these proposals.

The IB was also asked to include possible improvements to Madrid Monitor and processing timeliness as agenda items for the next Madrid Working Group Roundtable meeting.

Proposal by the delegation of Moldova

Discussions continued in respect of the Republic of Moldova’s proposed amendments to the Regulations that would allow Contracting Parties to certify international applications filed by two or more applicants who jointly own the basic application/registration, when only one of them has a qualifying connection with the Contracting Party of the Office of origin.

Following a lack of consensus, discussions on this proposal will continue in the 24^th Session, with an emphasis on keeping the Madrid System closed to members (rather than going down the PCT route).

Dependency

Having regard to the IB's survey on the incidence of bad faith; the use of central attack; and other grounds invoked to request the cancellation of an international registration due to the ceasing of effect of the basic mark, the Working Group continued to discuss the various proposals regarding the dependency of the IR on the basic mark, with renewed interest being expressed in support of reducing the period to three years.

In the absence of consensus, the Working Group agreed to continue discussions at the 24^th Session.

Possible introduction of new languages

The proposals to introduce new official languages into the system, including Chinese, Russian, Arabic, Japanese, Portuguese and German, continued to be discussed.

The Working Group continued to highlight the need to promote multilingualism and inclusivity while balancing feasibility and costs.

Discussions will continue during the 24^th Working Group Session for which the IB will produce updated statistics, technical assessments and feasibility studies around IT, differentiated translation and the possible introduction of non-Latin characters and non-Arabic numerals.

The number of articles detained at the EU border and in the internal market fell in 2024, according to a report by the European Commission and EUIPO, but their estimated retail value increased.

According to the report, “EU Enforcement of Intellectual Property Rights: Results at the EU Border and in the EU Internal Market 2024”, there were 112 million counterfeit articles seized in 2024, a fall of nearly 26% compared to 2023, but a rise of over 30% compared to 2022.

However, the estimated retail value of articles seized in 2024 reached a record high of €3.8 billion. This was attributed to higher unit prices of the counterfeit good seized.

Authorities from seven EU Member States (Italy, Spain, France, Netherlands, Portugal, Romania and Poland) accounted for 90% of the volume of goods detained.

Almost 74% of the products detained were recorded CDs/DVDs (including software), toys, clothing, clothing accessories, cigarettes (including electronic cigarettes), perfumes and cosmetics.

More information is available on EUIPO’s website here.

EUIPO has launched the IP Enforcement Detentions Dashboard. This new platform presents the EU enforcement figures in a more accessible format.

Using the dashboard, you can explore the data based on: overall figures, internal market detentions by police and market surveillance authorities, or border figures for customs detentions.

Illustration extracted from the report