Issue 074
  February 2017
Contents:
 

Coexistence agreement workshop held in Sofia

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EUIPO Observatory – recent activities and Working Programme for 2017

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Second anti-scam (anti-fraud) network meeting

>  
 

Get guidance on your EUIPO online application

>  
 

Switzerland implements CP5 Common Practice

>  
 

Looking ahead to TM5/ID5 2017 meetings

>  
 

Sign up for the Luxury Brands Symposium!

>  
 

EUIPO Academy Tuesday webinars

>  
 

MARQUES 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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Coexistence agreement workshop held in Sofia

 

 

The latest MARQUES Coexistence Agreement Workshop was held on 1st February at the BW Premier Collection City Hotel in Sofia, Bulgaria


There were 16 participants representing law firms, first instance courts and rights holders. The moderators were Iana Roueva Madey and Krassimir Rouev from MADARA LAW; Maria Slavova from the Patent Office examination and opposition department; and Simona Takova, chairman of the Center for Settlement and Mediation at the Sofia District and City Courts.

Programme

The day’s programme was similar to previous workshops on this topic organised by MARQUES. It started with an overview of specific legal issues that arise in connection with prior rights agreements, particularly in the context of the rapid expansion in the number of trade mark applications. A number of examples of coexistence agreements were presented, and some general tips on drafting were given.

This presentation also included advice on the provisions that are usually included in a coexistence agreement, such as identification of the parties, relevant trade marks and other rights; lists of commercial activities and geographical regions; dates; choice of law and jurisdiction; and what happens in the event of material changes. There was also a discussion of the potential drawbacks of coexistence agreements.

Krassimir Rouev’s presentation addressed the lack of an explicit legal framework for coexistence agreements at the national and EU level, and in particular the lack of case law in Bulgaria. He also discussed the lessons from some relevant EUIPO decisions

Following a coffee break, the registrants split into two teams to draft agreements based on the scenario presented (Nimble Holdings v Nimby GmbH). Their results were presented and various points that arose were debated further. These included insolvency proceedings in accordance with the Bulgarian Law on Commerce.

Written reports on the case study have been made in both English and Bulgarian and are available on the MARQUES website.

The half-day workshop closed with cocktails and further discussions

EUIPO Observatory – recent activities and Working Programme for 2017

Kristina Edén Johnsen of the MARQUES ACPT Team provides an update on the work of the EUIPO Observatory

Read More >>

Second anti-scam (anti-fraud) network meeting

 

Get guidance on your EUIPO online application

EUIPO is hosting the second meeting of the Anti-Scam (formerly Anti-Fraud) Network on 28th February

 

Members of the EUIPO Information Centre can now guide users through the online process when applying for an EU trade mark

Read More >>   Read More >>

Switzerland implements CP5 Common Practice

 

Looking ahead to TM5/ID5 2017 meetings

The Swiss Federal Institute of Intellectual Property (IPI) has implemented the CP5 Common Practice of Relative Grounds of Refusal – Likelihood of Confusion (Impact of non-distinctive/weak components).

 

The dates for the TM5 and ID5 annual and mid-term meetings, which will be hosted by EUIPO, have been announced

Read More >>   Read More >>
Sign up for the Luxury Brands Symposium!

There are only a few weeks to go until the second MARQUES Luxury Brands Symposium, to be held in Hong Kong on Thursday 16th and Friday 17th March

Read More >>

EUIPO Academy Tuesday webinars

 

MARQUES Media Roundup

Webinars, which last from 30 to 60 minutes, take place every Tuesday - here are the timings and topics planned for March

 

 

Where do you find the latest trade mark, design and related legal news? The MARQUES Class 46 and Class 99 blogs of course!

Read More >>   Read More >>

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