Issue 78
  June 2017
Contents:
 

Hague Agreement workshop in Paris

>  
 

MARQUES meets with Commission to discuss Brexit

>  
 

EU-China Bilateral Agreement: publication of first 200 GIs

>  
 

Field Notes from the Outer Borders – from Colombia

>  
 

Featured GI: the cheese of good husbands

>  
 

Reports published on counterfeiting and piracy

>  
 

Third edition of Overview of WIPO Panel Views on Selected UDRP Questions

>  
 

Important Madrid System updates

>  
 

MARQUES Media Roundup

>  
 

Events coming up soon

>  
 
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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Hague Agreement workshop in Paris

 

 

The second MARQUES-WIPO workshop on the Hague Agreement took place in Paris on 14th June, kindly hosted by MARQUES member Cabinet Plasseraud

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MARQUES meets with Commission to discuss Brexit

 

 

MARQUES and other IP associations took part in a formal meeting with the European Commission regarding IP protection post-Brexit this month

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EU-China Bilateral Agreement: publication of first 200 GIs

 

 

An agreement on the protection of geographical indications between the European Union and China has taken an important step forward - Alessandro Sciarra of the GI Team reports

Read More >>

Field Notes from the Outer Borders – from Colombia

In the latest in its series of Field Notes concerning unusual trade marks and brands, Laetitia Lagarde of the IP Emerging Issues team looks at a Colombian gesture trade mark that encourages you to play with your food!


Non-traditional marks have become a new area of interest in Colombia. Recently, the Colombian Trade Mark Office has granted registrations for colour marks, flavour marks, texture marks and gesture marks. Even though non-traditional trade marks have only entered the trade mark law arena in recent decades, they still have to comply with the requirements set for traditional marks: distinctive character and graphic representation. Some large companies in Colombia have managed to fulfil the legal requirements and thereby obtained trade mark registrations for some unusual non-traditional marks.

One good example is a gesture mark registered by Nestlé for its MILO cookie brand, which consists of a "ring shaped sandwich-cookie" with cream filling in a central hole in the layers of biscuit (see the website for MILO).


When the product was launched in 2012, the cookies were advertised with a gesture mark (see here) and an advertisement showed explicitly how the cookies should be eaten (as featured on YouTube).

Nestlé applied to register the gesture mark, shown below, with the Colombian PTO and it was successfully registered on 28th January 2013, and is in force until 28th January 2023. The following caption accompanies the images to explain the mark: "manual gesture which consists of introducing one’s index finger to the creamy centre part of a ring shaped cookie".


GESTO MANUAL QUE CONSISTE EN LA INTRODUCCIÓN DEL DEDO

ÍNDICE EN EL CENTRO CREMOSO DE UNA GALLETA EN FORMA DE ARO

This was indeed a pioneering move for non-conventional trade marks and promoting a food product whereby consumers (consisting primarily, although probably not exclusively, of children) were encouraged to play with their food. In a press release, Santiago Agudelo, the Nestlé marketing manager, declared: "We are pioneers to create a unique consumer ritual about a product like MILO Rings, which modifies the way that the consumer sees and relates to a type of biscuit sandwich. We found a great receptivity among children, who enjoy a cookie as always delicious and with a touch of fun."

Playing with food and especially cookies is not new in marketing - for the correct way to eat an OREO cookie ("lick it and dunk it in milk") see the commercial here.

However, registering a trade mark for the gesture is innovative.

 

 

Laetitia Lagarde is a member of the MARQUES IP Emerging Issues Team and a Trade Mark Associate at Baker McKenzie in the UK

 

 

Featured GI: the cheese of good husbands

 


The latest case study from the GI Team focuses on Svrljiški belmuž from Serbia – the cheese of good husbands - by Marijana Kozakijevic

Read More >>

Joint OECD/EUIPO Reports on counterfeiting and piracy launched at International IP Enforcement Summit in Berlin

 

Third edition of Overview of WIPO Panel Views on Selected UDRP Questions


The joint OECD/EUIPO report "Mapping the Real Routes of Trade in Fake Goods" and joint EUIPO/Europol 2017 Situation Report "Counterfeiting and Piracy in the European Union" were launched during the International IP Enforcement Summit on 22nd June

 

The WIPO Arbitration and Mediation Center has published a new edition of its overview of WIPO UDRP jurisprudence

Read More >>   Read More >>

Important Madrid System updates

 

 

MARQUES draws members’ attention to some important updates on the Madrid System, including amendments to the Common Regulations, the new Madrid Monitor, Madrid Member Profiles Database and the launch of a webinar series

Read More >>

MARQUES Media Roundup

 

Events coming up soon

Sign up for alerts from Class 46 and Class 99 for the latest trade mark and design news from around Europe - here are some recent posts

 

There is still time to sign up for the MARQUES Annual Conference in Prague in September. Plus: other events announced for later this year.

Read More >>   Read More >>

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