Issue 85
  January 2018
Contents:
 

Scammers jailed

>  
 

Scandalous marks

>  
 

Spring Team Meeting

>  
 

New study on GIs

>  
 

IP Key China

>  
 

News from EUIPO

>  
 

Field Notes: Play-Doh

>  
 

New GI/TSG emblem in Turkey

>  
 

TM changes in Argentina

>  
 

Hague Workshop and Social Media Webinar

>  
 

Hague Agreement developments

>  
 

Media Roundup

>  
 
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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Scammers jailed over misleading invoices

Fraudsters in Sweden have been sentenced to prison for their role in sending misleading invoices to EUTM owners using the letterhead “OMIH”, in a case in which MARQUES gave evidence.

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Scandalous marks: a global guide

In connection with the well-received presentation at last year's Annual Conference, the MARQUES IP Emerging Issues Team has compiled a table showing rules on immoral and scandalous marks in 39 countries. Kate Swaine and Laetitia Lagarde introduce it.


The IP Emerging Issues Team of MARQUES is actively exploring the status of immoral, scandalous and offensive marks. What may offend in one culture and jurisdiction may be perfectly acceptable in another part of the world. History, culture, religion and technology all play vital roles in what is deemed morally acceptable in each country of the world.

We invited leading IP practitioners to respond to a questionnaire regarding permitted and prohibited uses of scandalous, offensive and immoral trade marks within their respective countries. We asked the practitioners to focus in particular on statutes and case law in their jurisdictions that recognise specific cases of refused marks and to consider which factors were relevant in determining whether a mark was scandalous or considered immoral or offensive.

Although our project is evolving as additional jurisdictions are added, it is interesting to note that from the initial 39 territories that responded, the majority did not have a clear and fixed definition of what is termed scandalous or immoral.

It is therefore necessary to also consider the cultural, political, religious and linguistic history and background of each country. The evolution of morality principles is reflected in how marks have been treated. As societies becomes more or less tolerant, where should the limits be drawn?

Our guide, now available on the MARQUES website here, provides an overall panorama of where that line may be currently drawn for individual counties.

Thank you to all of the firms who have assisted with the preparation of this guide. Like the Team’s Fair Use guide (available here) this is an ongoing project, and MARQUES members are invited to contact us with details of other countries to include.

Kate Swaine is a Partner of Gowling WLG and Chair of the Team, and Laetitia Lagarde is an Associate at Baker McKenzie and Team Vice-Chair

Book now for Spring Team Meeting

The 16th MARQUES Annual Team Meetings will take place on 8 and 9 March 2018 in the Gran Hotel Miramar, Paseo de Reding, 22, 29016 Málaga, Spain. Booking is now open for Team and Council members.

Read More >>

New study on GIs

 

IP Key China project to support EU firms in China

A study on the ‘Protection and Control of Geographical Indications for Agricultural Products in the EU Member States’ was published by the European Observatory on Infringements of Intellectual Property Rights in December.

 

IP Key China, launched on 17 January, aims to strengthen and support the IP system in China through specialised collaboration with the EU.

Read More >>   Read More >>

Latest news from EUIPO

Recent announcements from EUIPO include the launch of the User Satisfaction Survey, cooperation initiatives, JPO records being added to DesignView and new seminars and webinars.

Read More >>

Field Notes from the Outer Borders: Play-Doh applies for rare smell mark in US


In the latest in its series of Field Notes concerning unusual trade marks, Janet Satterthwaite of the IP Emerging Issues Team looks at Hasbro’s attempt to register the distinctive smell of a can of Play-Doh as a trade mark.

Read More >>

New GI/TSG emblem in Turkey

 

Big trade mark changes proposed in Argentina

Özlem Fütman of the MARQUES GI Team explains the new rules on labelling traditional specialities guaranteed and geographical indications in Turkey.

 

Emergency Decree No 27/2018 includes substantial amendments to the Trademark Law designed to shorten prosecution and simplify opposition, cancellation for non-use and nullity procedures. Marco Rizzo Jurado explains.

Read More >>   Read More >>

Coming soon: Hague Workshop and Social Media/Marketplaces Webinar

MARQUES will host the next in its series of Hague Agreement workshops in Copenhagen on 15 March, and there will be a webinar on protecting IP rights in social media and online marketplaces on 29 March.

Read More >>

Latest Hague Agreement developments

 

MARQUES Media Roundup

WIPO has published information regarding the Hague Agreement’s application in Russia and Spain.

 

The MARQUES Class 46 and Class 99 blogs include the latest news and analysis of decisions from the CJEU and national courts, legislative developments and upcoming events. Sign up to receive email alerts.

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