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Presidential Communication on Article 28(8)
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OHIM has clarified how it will implement Article 28 EUTMR, providing guidance on filing declarations regarding the specification of goods and services. Robert Guthrie explains
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Coexistence agreement workshop in Poland
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The latest MARQUES Coexistence Agreement Workshop was held in Warsaw, Poland on 18th February
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Field notes from the Outer Borders
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The IP Outer Borders Team’s latest field note is on … a field!
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It is difficult, but not impossible, to obtain a single-colour trade mark in the United States. The most well known of these to trade mark lawyers is Owens Corning's pink fibreglass insulation. Boise State University in Idaho has a blue football field. According to Wikipedia: "Bronco Stadium is best known for its blue playing surface. Originally nicknamed the ‘Smurf Turf’, ‘the Blue’, as it is commonly known to fans, was originally a bright blue AstroTurf installed in 1986. In 2002, BSU installed AstroPlay, similar to FieldTurf, a new generation of infilled synthetic turf that mimics the appearance, feel, and texture of grass. In 2008, the field was replaced a fourth time with FieldTurf.” In 2009 Boise State obtained a US trade mark registration for a blue (American) football field for “Entertainment services, namely, the presentation of intercollegiate sporting events and sports exhibitions rendered in a stadium, and through the media of radio and television broadcasts and the global communications network.” The application was initially rejected because the examiner claimed the colour did not function as an indicator of source. Boise State provided reams of evidence in support of a claim of acquired distinctiveness of its nickname. The drawing of the mark in the registration is shown above. Press reports claim that Boise State requires other stadiums to take a licence to use not only blue turf, but any non-green turf, and has advised turf manufacturers that they must not fill an order for a non-green turf field without Boise State's permission. We suppose that if Boise State, which US News ranks as the 61st best "Regional Western University”, can't beat them up on the field, it will beat them up in court. 
Janet Satterthwaite is a partner of Potomac Law Group in Washington DC, and a member of the IP Outer Borders Team
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Arbitrating and mediating trade marks
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MARQUES is hosting an event on arbitrating and mediating trade marks in London on 19th April 2016
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Unlock the benefits of IP Key
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Survey on IPR in third countries
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 IP Key has recently updated the Roadmap on trade mark protection in China, taking into account recent changes in the legislation
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MARQUES members are invited to participate in the forthcoming survey on enforcing IP rights in third countries, which launches on 1st March
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Speaking Freely: Brands, Art, Public Policy & Genericide
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The first article in the IP Outer Borders Team’s series on topical branding issues looks at public engagement with brands, and the clash between trade mark rights and freedom of expression
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Bags, luggage, jewellery and watches reports published
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The Observatory on Infringements of Intellectual Property Rights, based at OHIM in Alicante, has published two more reports on the economic cost of IPR infringement
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DesignEuropa awards launched
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Enforcement Database Forum
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The new DesignEuropa awards, to be held in November this year in Milan, will celebrate excellence in design and design management among RCD owners
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The Enforcement Database (EDB) Forum 2016 will take place at OHIM in Alicante on 28th and 29th June
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Reminder on IRs designating United States
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MARQUES Media Roundup
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 WIPO recently published the following Madrid Information Notice regarding international registrations designating the United States
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 Catch up on all the trade mark and design news and analysis on the MARQUES blogs and social media channels. Here are some recent highlights
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Issue 062
