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News Channel
Issue: June 2009
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OHIM Adminstrative Board |
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MARQUES
took part in the last meeting of OHIM’s Administrative Board as an observer.
The Association was represented by Tove Graulund, who together with
representatives of INTA, BUSINESSEUROPE, ECTA and AIM has been invited to
attend non-confidential parts of these meetings for a period of two years.
The agenda of the meeting of 4-6 May included an overview of OHIM’s
activities, e-Business projects and relations with users, including a report
on the 2008 User Satisfaction Survey. OHIM has also provided users
with a brief report on that meeting, which can be download at:
[http://www.marques.org/Elink?ID=0066] |
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Change in the dates of publication of the Spanish Industrial Property
Official Gazette (BOPI) |
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Since 4 May 2009 the Spanish Industrial Property Official Gazette (Boletín
Oficial de la Propiedad Industrial, abbreviated as BOPI) has started being
published everyday (except for Saturdays, Sundays, national and local
(Madrid) holidays. This is a major change as since the BOPI was created 123
years ago, it had been published every 1st and 16th of each month.
As the publication in the BOPI of certain adverts (applications, official
actions, SPTO decisions, etc.) opened the time periods for filing
oppositions, replies to official actions, administrative and
contentious-administrative appeals, etc., and this time periods are usually
counted in months, this implied that the terms for carrying out said actions
ended always on the 1st or 16th of a month (unless said day was not a
working day).
The change means that now, similarly to what happens with OHIM deadlines,
the deadlines to act before the SPTO or the Spanish
contentious-administrative appeals can end on any day of the month.
This also has required most Spanish traditional Patent and Trademark
agencies to adapt their systems and controls to the new situation. |
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Details of all
MARQUES events and conferences are
published on the MARQUES website at
http://www.marques.org/conferences |
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Amsterdam2009
17 June 2009 |
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Customs Seminar
More Bang for your Buck
MARQUES
is holding a one day seminar which will focus on current changes in laws and
practices in various jurisdictions as well as show practical examples of the
progress achieved.
For further details and online registration visit [http://www.marques.org/Elink?ID=0062] |
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Brighton2009
15-18 September 2009 |
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Sustainable
Brands
A Luxury or a Necessity?
The 23rd
MARQUES
Annual Conference
will be held in Brighton, U K from Tuesday 15th to Friday 18th September
2009 and will look at the importance of aligning brands with long term
sustainable business policies. Topics will include working with
charities and environmental brands, environmental issues, transport, people
& HR policies as well as food and health claims.
For Full
details and online registration visit [http://www.marques.org/Elink?ID=0063]
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Anti-Counterfeiting & Parallel Trade Team |
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Working with Customs |
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The ACPT team organised the Winter Meeting workshop on Thursday 19 February:
"Working With Customs". 17 Members of
MARQUES
attended and John Anderson of ACPT team facilitated the discussion.
Joachim Hoffman, Izik Ozdogan and Antonina Pakharenko-Anderson of ACPT were
also present and made important contributions to the discussions.
John Anderson introduced the topic with some international and strategic
issues including the workings and possible revisions of the EU Regulation.
Non-EU participants from USA, Canada, Israel, Russia, Ukraine, Turkey, and
especially China made significant contributions. The EU state
participants from Germany, UK, Austria, Hungary, and Denmark also made
further contributions from national levels. It was agreed to go ahead
with the full day seminar on this topic and the team has opted to hold the
seminar on 17 June in Amsterdam.
The full programme and online registration for this seminar can be found at:
http://www.marques.org/conferences. |
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Cyberspace Team |
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Latest Developments with Google
and AdWords |
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GOOGLE has recently announced two new policies that will affect all
MARQUES
members. First, as of June 4, Google will no longer take down adwords that
do not appear in the text of the sponsored link. Currently Google's policy,
which is obviously based on the different results in cases on this issue in
various jurisdictions, is that for trademarks from the US, the UK and
Canada, the trademark must appear in the text of the ad that appears with
the sponsored link, for the rest of the world, Google will also take down a
link simply if the advertiser has purchased a trademark as an adword even if
the trademark never appears in the text above the sponsored link.
As of June 4, Google will no longer differentiate and will only remove
adwords that display the trademark in the text.
Google has also announced that as of June 15, it will, at least in the
United States, (Google considers .com a US-based domain, apparently) allow
the use of third-party trademark as adwords where the trademark is displayed
in the text above the sponsored link under the following circumstances:
Google states "We permit a trademarked term to be used in the ad text of
ads that appear to be submitted by resellers; informational sites; the
makers or resellers of components or parts for the goods and services
related to the trademark term; or compatible components or parts for the
goods and services related to the trademark term. The product or services
from resellers must be on the ad's landing page and must be clearly
available for purchase." |
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Founders of Pirate Bay have
convicted of copyright infringement |
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As reported in the last month news-channel the Founders of Pirate Bay have
convicted of copyright infringement. An english translation of the
decision of 17 April 2009 of the Stockholm City Court can now be downloaded
by clicking on the link below:
[http://www.marques.org/Elink?ID=0068] |
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New Cases Available |
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MARQUES
is pleased to inform its members that this months selection of cases, drawn
from pan-European and national tribunals, has been added to the Case
Database. This months cases include Interflora v Marks & Spence
after Marks & Spencer purchased the term 'Interflora' on Googles Adwords as
well as L'Oréal S.A v eBay International and others after a number of
products including testers, counterfeits and products only for sale in the
US and Canada had been listed for sale with copyright protected images and
text. Other cases include Palmolive Classico, Armafoam, Nomafoam,
Nutripharm and Pharmacheck.
[http://www.marques.org/Elink?ID=0067]. |
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MARQUES,
840 Melton Road, Thurmaston, Leicester, LE4 8BN, United Kingdom
Tel: +44
116 264 0080, Fax: +44 116 264 0141, Email: info@marques.org, URL: http://www.marques.org
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