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.

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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.

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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 >>


As many of you know, Turkey has a New IP Code no 6769, which came into force on 10 January 2017, pertaining to the protection of trade marks, patents, geographical indications and designs in a single Code.

The IP Code granted protection to traditional specialities guaranteed (TSGs), in addition to geographical indications (GIs).

According to the IP Code, as of 10 January 2018, an emblem will be put on products or packages in addition to registered GIs/TSGs. The IP Code says use of the emblem for TSGs is not obligatory whereas it is for GIs.

On 29 December 2017, the Geographical Indications and Traditional Specialities Guaranteed Emblem Regulation was published in the National Official Gazette.

Here is some information about the Regulation:

  1. The Regulation will come into force on 10 January 2018.
  2. The “Emblem” shows that the GI/TSG used on a product is registered.
  3. The emblem can be used by producers or marketers of the registered GI/TSG products.
  4. Use of the emblem in addition to registered GIs is obligatory. Use of the emblem is not mandatory for foreign GIs protected in Turkey based on bilateral agreements or international agreements which Turkey is a part of.
  5. The emblem shall be used on products or product packages along with the GIs /TSGs. If the emblem cannot be used on product or product packages, then it will be used in the entity in a way that can be seen easily.
  6. The emblem must be not less than 15 millimetres in diameter.
  7. The emblem shall be obtained from the official website of the Turkish Patent and Trademark Office (TPTO) by the users of GIs/TSGs. In Turkey the emblem shall be used in Turkish. However, for exporting purposes, if the user wants to use the emblem in foreign languages, then such versions can be also obtained from the official TPTO web site.
  8. For designations of origin (in addition to other requirements, for products where all production, processing and preparation takes place within defined boundaries of a place, area or region); the “red version” of the emblem will be used.

    For geographical indications (where at least one of the activities of production, processing and preparation takes place within defined boundaries of a place, area or region; the “green version” of the emblem will be used.

    For TSGs; the turquoise version of the emblem will be used.

    Coloured versions of the emblems are shown below.


    In the Regulation also black and white versions of the emblems are indicated.
  9. If an emblem is used on a coloured background which makes it difficult to notice, a circumscribing outer circle is to be used around the emblem. In this case, the background between the outer circle and the triangles part in the emblem must be in white colour.

Özlem Fütman is founding partner of IP dedicated female firm OFO VENTURA and a member of the MARQUES GI Team

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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