Issue 53
  May 2015
Contents:
 

Book now for the Annual Conference in Vienna!

>  
 

MARQUES plays its part in revision of Lisbon Agreement

>  
 

Learn about arbitration in Singapore

>  
 

Revisions to the Nice Classification

>  
 

TTAB rulings may be binding on federal courts – US Supreme Court

>  
 

Madrid System seminar coming up in Geneva

>  
 

WIPO updates Madrid website

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Mark your calendars

>  
 

Media Roundup

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Madrid System Survey: last chance

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Disclaimer:
The views expressed by contributors to this newsletter are their own and do not necessarily reflect the policy and/or opinions of MARQUES and/or its membership.  Information is published only as a guide and not as a comprehensive authority on any of the subjects covered.  While every effort has been made to ensure the information given is accurate and not misleading neither MARQUES nor the contributors can accept any responsibility for any loss or liability perceived to have arisen from the use or application of any such information or for errors and omissions.  Readers are strongly advised to follow up articles of interest with quoted sources and specialist advisors.
 

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Book now for the Annual Conference in Vienna!

 

Registration for the 29th MARQUES Annual Conference, to be held in Vienna from 15th to 18th September, is now open. The Early Bird rate is available until Friday 3rd July.

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MARQUES plays its part in revision of Lisbon Agreement

 

Members of the Lisbon Agreement on Appellations of Origin and Geographical Indications took part in a Diplomatic Conference in Geneva last month. MARQUES was represented throughout the negotiations by members of the GI Team.

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Learn about arbitration in Singapore

 

MARQUES will host a meeting on protecting trade marks with arbitration and domain name UDRP as part of IP Week in Singapore in August.

Read More >>

Revisions to the Nice Classification

The Committee of Experts of the Nice Union has accepted changes to the Nice Classification proposed by OHIM and prepared by the CP1 Working Group. MARQUES was one of two users associations that took part in this Working Group.

Read More >>

TTAB rulings may be binding on federal courts – US Supreme Court

 

Brand owners may now need to put more effort in to US oppositions and cancellations or risk being bound later in infringement suit, as Janet Satterthwaite explains.

Read More >>

Madrid System seminar coming up in Geneva

 

WIPO updates Madrid website

WIPO is hosting a Madrid System Seminar at its headquarters in Geneva on 18th and 19th June.

 

The Madrid System website was updated in May, as part of a longer term project to ensure it meets the information and transactional requirements of users.

Read More >>   Read More >>

Mark your calendars

 

Media Roundup

 

In addition to the Annual Conference, there are MARQUES events lined up this year in Dublin, Zurich, Singapore and The Hague.

 

 

Community design law research, a new CJEU referral from the Benelux and PUMA v POODLE in Germany were among the topics being discussed on the MARQUES blogs this month.

Read More >>  


Empirical research study on Community design law

It seems to be common ground that whether two designs produce the same or a different overall impression is a question of facts basically to be decided by the trial judge.  Nonetheless, European courts do not appear to accept survey or expert evidence but rather rely on the judge’s own aesthetic perception when comparing two designs (both validity and infringement).

Read more: http://www.marques.org/class99/Default.asp?XID=BHA649

Montis Design case referred to CJEU

A new design case has been referred to the Court of Justice of the European Union (CJEU) for a preliminary ruling. It's Case C-169/15 Montis Design, and it's a reference regarding the application of the Uniform Benelux Law on designs and models (the old BTMW).

Read more: http://www.marques.org/class99/Default.asp?XID=BHA655

PUMA vs "POODLE" - German Supreme Court reviews parody rights

  

Earlier this month, the German Federal Supreme Court (BGH) decided that the constitutional rights of free speech and artistic expression only go so far. The judges ordered the defendant to consent to the cancellation of his trademark registration "PUDEL". "Pudel" means "poodle" in German and the registered word-device mark clearly parodied the claimant's well-known "PUMA" mark:

Read more: http://www.marques.org/class46/Default.asp?XID=BHA4093

Don’t forget: you can keep up to date with all the latest news and analysis from MARQUES on the Facebook page, on LinkedIn and on Twitter.

Survey on Madrid System Dependency Principle

 

The deadline for completing WIPO’s Survey on the Madrid System Dependency Principle has been extended to 7th June.

Read More >>

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