Issue 092
  August 2018
Contents:
 

Annual Conference SOLD OUT!

>  
 

MARQUES takes part in Madrid Working Group

>  
 

EU Judges Meeting, 18 January 2019

>  
 

Field Notes from the Outer Borders: La Mafia

>  
 

EUIPO guidance on acquired distinctiveness

>  
 

The hazy world of trade marks and cannabis in North America

>  
 

New version of 11th edition of Nice Classification

>  
 

MARQUES Media Roundup

>  
 

MARQUES events for your diary

>  
 
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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Annual Conference SOLD OUT!

 

 

September’s Annual Conference in Paris is sold out, with more than 900 people expected to attend – a record number

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MARQUES takes part in Madrid Working Group

 


Tove Graulund and Jessica Le Gros of the International Trade Mark Law & Practice Team represented MARQUES at the 16th session of the Working Group on the Legal Development of the Madrid System for the International Registration of Marks, which was held in Geneva from 2 to 6 July 2018

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EU Judges Meeting, 18 January 2019

 

 

Full details of the first MARQUES EU Judges Meeting will be announced at the Annual Conference in September

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Field Notes from the Outer Borders: La Mafia

In the latest in its series of Field Notes concerning unusual trade marks, Adrian Smith of the IP Emerging Issues Team looks at a mark that now sleeps with the fishes

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EUIPO guidance on acquired distinctiveness

Guidance on Article 7(3) EUTMR claims; an overview of case law in 2017; and information on the extension of visual search in TMview are all available in the latest issue of Alicante News


EUIPO has provided helpful guidance on Article 7(3) claims following the reform of the EUTM system.

Article 7(3) concerns the acquisition of distinctive character as a consequence of use made of a trade mark when it is devoid of any distinctive character, descriptive or has become customary in the current language or in the bona fide and established practices of the trade.

The guidance sets out the differences between principal and subsidiary claims and how to indicate them; when and where to submit the claim; and what to expect when a principal claim has been filed. It also includes a link to the FAQ on acquired distinctiveness on the EUIPO website.

The guidance can be found in the July 2018 issue of Alicante News. This issue also includes:

  • A link to the 2017 case law overview of CJEU and General Court decisions, prepared by the legal practice service of EUIPO, covering trade mark and design matters and arranged in categories.
  • Details of the extension of TMview’s visual search facility to include trade marks registered at the national IP offices of Spain, Bulgaria, Lithuania and Greece.

The hazy world of trade marks and cannabis in North America

Few people can have failed to notice the increasing public and political debate on the question of cannabis use and its legalization, or not as the case may be. While debate has focused on the social, political and economic issues, the legalization of cannabis poses particular challenges to brands. Janet Satterthwaite, Mary-Jane Lemenchick and Stella Syrianos of the MARQUES IP Emerging Issues Team examine the landscape in North America and reveal the dilemmas posed by cannabis in the world of trade marks

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New version of 11th edition of Nice Classification

A new version of the 11th edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) will enter into force on 1 January 2019

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MARQUES Media Roundup

 

Swedish Judges Meeting coming soon!

 


Recent topics covered on the MARQUES blogs include the EU joining the Geneva Act and Israel’s new Designs Law

 

In addition to the Annual Conference and the EU Judges Meeting, there are several other MARQUES events planned

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