Issue 58
  October 2015
Contents:
 

Video interview: MARQUES Chair Uwe Over

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MARQUES takes part in 7th China Trademark Festival

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Interview: Lewis Gaze Memorial Scholarship winner

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Design Liaison Meeting at OHIM

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Reform of the EU trade mark system

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Madrid System: latest news

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Extending GI protection to non-agricultural products

>  
 

WIPO hosts Hague Seminar

>  
 

Sign up now for judges meetings in the Netherlands and Germany!

>  
 

MARQUES Media Roundup

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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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Video interview: MARQUES Chair Uwe Over

 

 

During the MARQUES Annual Conference in Vienna, Managing IP's James Nurton conducted a wide-ranging interview with Uwe Over of Henkel, who became MARQUES Chair earlier this year

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MARQUES takes part in 7th China Trademark Festival

 

Sebastien Vitali of Wyeth Nutrition, a member of the MARQUES China Team, gave a presentation at the 7th China Trademark Festival in Haikou last month

Read More >>

Interview: Lewis Gaze Memorial Scholarship winner

 

Konstantin Hobel won this year's Lewis Gaze Memorial Scholarship for his paper on keyword advertising and trade marks in the EU

Read More >>

Design Liaison Meeting at OHIM

 

Reform of the EU trade mark system

 

 

 

 

 


David Stone and Sebastian Fischoeder of the MARQUES Designs Team attended the recent Designs Liaison Meeting hosted by OHIM in Alicante

 

 

Expected changes to OHIM practice as a result of the planned reforms to the Directive and Regulation were discussed at the 14th Liaison Meeting on Trade Marks, which was attended by Robert Guthrie and Alessandra Romeo

  Read More >>


The Liaison Meeting included representatives from national IP offices, OHIM, WIPO, the European Commission and user groups.

Among the topics discussed were:

  • Changes to the Guidelines for designs - a number of changes recommended by MARQUES will be adopted. These will clarify issues such as oral proceedings, language and the definition of the informed user. However, OHIM rejected MARQUES' submissions on well-known facts and examination of invalidity grounds. Full details will be available in January.
  • E-filing - OHIM's new tool has two significant features: (1) a 3D CAD file can be uploaded and stored; and (2) provision for up to three non-protected views for the purposes of priority claims elsewhere.
  • Technical cooperation - this included harmonisation of practices in the EU; the ID5 meeting to be held in the United States in December; and the OHIM 2020 Strategic Plan.
  • Convergence Projects CP6 and CP7 - there was broad support for convergence from both national offices and users groups, though there were some concerns about moving designs, exploded views and sectional views. Both CPs were endorsed and will go to the Administrative Board for approval.
  • Case law - recent OHIM cases, including a design contrary to public policy, as well as recent decisions from Spain and Germany were presented.
  • Study on the functioning of the design system - the EU Commission has published its economic study demonstrating the economic importance of designs in the EU and the legal study will be published in the first quarter of 2016.

There were also a number of workshops on topics such as examination practice around parts of products; visibility; and recordal of third-party rights (the last of these presented by MARQUES). These highlighted how much divergence there is in practice between member states, and suggested some areas for future harmonisation.

The Liaison Meeting is a key event in the EU designs calendar, and again demonstrated that MARQUES is a key contributor on behalf of users, something that is appreciated by OHIM. The result is that various improvements are being made to make the design system more effective and user-friendly for designers, SMEs, RCD filers and practitioners.

Slides from the Liaison Meeting will be published online by OHIM soon. More information is available on the Designs Team page.

Madrid System: latest news

Recent developments in the Madrid System include changes following the accession of Algeria, an upcoming seminar and a meeting of the Madrid Working Group

Read More >>

Extending GI protection to non-agricultural products

 

Miguel Angel Medina, of the MARQUES GI Team, discusses the recent developments regarding the possible extension of geographical indication protection to non-agricultural products in the EU

Read More >>

WIPO hosts Hague Seminar

 

Sign up now for judges meetings in the Netherlands and Germany!

In this landmark year for the Hague System, WIPO is hosting a seminar on practical approaches in Geneva on 19th November

 

The next Judges Meetings take place in The Hague (11th November) and Munich (20th November)

Read More >>   Read More >>

MARQUES Media Roundup

 

 

Find out the latest MARQUES news and information on the Class 46 and Class 99 blogs, and on Facebook, LinkedIn and Twitter. Here's a selection of what's been happening in the past month

Read More >>

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