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Beyond black and white: the EPO’s new rules for colour drawings
Following some unwelcome news from the Unified Patent Court (UPC) regarding recent fee increases, the European Patent Office (EPO) has brought welcome news.
[Guest Post] Defensive trade marks in Australia - Gillette achieves acceptance for unused goods and services based on reputation
The IPKat has received and is pleased to host the following guest contribution from Bill Ladas (King & Wood Mallesons). He discusses the breadth of goods or services that may be covered by a defensive trade mark registration in Australia, in light of the recent decision of the Australian Trade Mark Office in The Gillette Company LLC [2025] ATMO 236.
Inform, share, raise awareness: an immersive video to fight counterfeiting
As part of the France Anti-Counterfeiting program, led by the French National Institute of Industrial Property (INPI), an immersive educational video delves into the heart of the Counterfeiting Museum, founded by the Union of Manufacturers (UNIFAB). This unique venue traces the history of the fight against counterfeiting, promotes the expertise of creators, and raises awareness of the importance of intellectual property. Through the testimonies of committed stakeholders, this video highlights the major challenges in the fight against counterfeit products.
ROK and UAE Made New Arrangement Expanding Existing IP Cooperation
The Ministry of Intellectual Property of the Republic of Korea (ROK) led by Minister KIM Yong Sun announced that, on November 18, 2025, it exchanged with the United Arab Emirates (UAE) Ministry of Economy and Tourism (MOET) the Arrangement on Amending the Memorandum of Understanding on Reinforced Cooperation in the Field of Intellectual Property. It took place at the Presidential Palace, Qasr Al Watan, in Abu Dhabi, on the occasion of the ROK–UAE summit, with the two Heads of State in attendance.
CIPO partners with GLIPA to promote awareness of intellectual property
On October 23, 2025, the Canadian Intellectual Property Office (CIPO) and the Global Intellectual Property Alliance (GLIPA) signed a memorandum of understanding (MOU) to advance collaboration and promote the benefits of intellectual property (IP) to innovators. This partnership also seeks to develop and raise awareness of IP outreach and education programs to small and medium-sized enterprises (SMEs).
Lost in (incidental) memorization: When the (case) law mistakes AI training for copying
The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (Cyber Science) on the recent judgment of the Munich I Regional Court in GEMA v OpenAI.
Never Too Late: If you missed the IPKat last week!
Catch up on the latest IP highlights, from cross-border patent disputes to the copyright protection of sandals.
Sustainability or liability? The international IP landscape for environmental claims in the food and beverage sector
In the food and beverage space, environmental claims have become a serious IP and legal issue in Australia and internationally. A simple colour choice, image or technical statement can suggest sustainability and must be backed by solid evidence. It’s worth exploring the latest Australian cases, the growing global shift toward tighter standards and the way trade marks, packaging, patents and R&D shape a product’s environmental message. When proof and presentation align, businesses stay credible, competitive and well protected.
The breeder's exemption as the route to agreement in the EU debate on NGT plants
There are hopes of a resolution to the negotiations on a proposed regulation for new genomic techniques (NGTs) for plants. Updates from Brussels have been rare, but some reports indicate that agreement might be reached during their fourth trialogue meeting planned for Wednesday 3 December. This Kat was particularly interested by the rumour that the Parliament may be prepared to abandon their demand for a "patent ban" and focus on licensing and the breeder's exemption.
EUIPO launches Copyright Knowledge Centre to support creators in the digital age
The EUIPO launched its Copyright Knowledge Centre on 20 November, during the EUIPO Conference on Copyright. This Centre will become a "home" for copyright in the European Union, providing a single gateway for copyright knowledge in the EU.
A look back at the Open Innovation Camp
INPI Bretagne partnered with this flagship digital event in the Greater West, which took place on November 13, 2025 in Rennes and was an opportunity to celebrate the 20th anniversary of the "Images and Networks" competitiveness cluster.
Shen Changyu Meets with UKIPO Chief Executive Adam Williams
On November 18, Shen Changyu, Commissioner of the China National Intellectual Property Administration (CNIPA), held talks with Adam Williams, the visiting Chief Executive of the United Kingdom Intellectual Property Office (UKIPO). The two sides conducted in-depth exchanges on topics including the latest developments in the field of intellectual property (IP) in both countries, artificial intelligence and patents, patent and trademark examination, and IP finance. They also signed the 2026 work plan for bilateral cooperation.
European Commission – Assessment of progress in tackling online piracy of sports and other live events
The European Commission has published its assessment of the 2023 Recommendation on combating the online piracy of sports and other live events. While it acknowledges certain positive developments, such as the expanded use of dynamic blocking orders in several Member States and enhanced cooperation among national authorities through the network of the EU Intellectual Property Office (EUIPO), the Commission concludes that overall piracy levels have remained largely unchanged following the non-binding Recommendation.
Out from the shadows: developing effective copyright laws for AI training datasets and shadow libraries
While there has been extensive consideration of whether generative artificial intelligence (GAI) developers infringe copyright when scraping online works to train their systems, there has been limited analysis of the legal status and treatment of the underlying shadow libraries, which facilitate such infringement.
EPO pharma case law trends 2025: Clinical inventions
Clinical inventions are highly valuable in the pharma industry. Whilst the composition of matter patent for a drug will often define loss of exclusivity (LoE), patents that capture clinical-stage innovation can provide substantial value by bolstering protection beyond composition of matter expiry, and in some cases may even extend LoE (IPKat).
Australian court (over)simplifies approach to assessing "whole of contents" novelty
While so-called "whole of contents" (WOC) novelty has its origins in the European Patent Convention (EPC), like many other aspects of patent law, Australia has adopted and developed its own unique approach to its assessment, which continues to evolve. A recent decision by the Federal Court in Abbey Laboratories Pty Ltd v Virbac (Australia) Pty Ltd (No 3) [2025] FCA 1179 has rejected the previous approach by the courts to assessing the validity of a "notional claim" set derived from a WOC novelty citation.
One-stop shop: key figures October 2025
In October 2025, nearly 600,000 procedures were carried out on the One-stop shop.
Participation of IPO-Pakistan in KohQaf Summit
HUNZA, November 23, 2025: The kohQaf Summit was a landmark initiative held at Darbar Hotel, Hunza from 21 to 23 November 2025 to leverage culture as the foundation for soft power, national cohesion, and regional diplomacy — fostering climate resilience, strengthening economic partnerships, promoting sustainable tourism, and mobilizing investment within Gilgit-Baltistan. Wise use of IP for economic development was one of the prime focus of discussions.
5 Startling Realities About the Global Trade in Counterfeit Goods
We’ve all been tempted: you’re browsing online, spot the perfect item at a price that seems almost suspiciously low, and wonder: could this be real? You might hit “buy” anyway, hoping for a lucky break, but that nagging doubt is more than just paranoia.
Sunday Surprises
The IPKat brings you the latest IP news, events, and opportunities to brighten the darker months.
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{{enterWhos.enText}} Trademark Registration
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Principle of trademark protection:Principle of trademark protection;
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Classification system of goods and services:Nice Classification; multi-class application is available;
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Requirements for trademark use:The applicant shall provide evidence showing use of the trademark on the designated goods/services. Evidence of use for goods includes but not limited to: product photos printed with trademarks, product packaging, product labels, exhibition pictures, brochures, sales contracts and other purchase documents and information; but advertisements or media reports cannot be used as evidence of effective use. Evidence for services includes but not limited to: the brochures printed with trademarks, web page introductions, contracts for provision of services and other documents.
It is important to preserve the evidence when use a trademark in United States; otherwise the trademark will be partially or totally invalidated over the designated goods and services for not submitting sufficient mark use evidence during the stage of submitting the statement of use. -
An application for trademark registration shall be filed before the U.S. Intellectual Property Office (USTPO), and there must be a basis for filing application in the United States. There are mainly three types:(1)"Intended Use": This basis applies to cases where the trademark has not been used in the United States at the time of filing the application for registration. Based on "intention to use" to file an application for trademark registration, the application can be submitted directly without providing evidence of trademark use. However, when the official passes the trademark examination, an official notice will be issued requesting the applicant to submit evidence of use and the time of first use in the world and the United States in order to obtain a trademark registration certificate. If the trademark has not been used before it is approved for registration, the applicant may postpone the submission of the statement of use for a period of 6 months at a time, for a total of 5 times. If the use evidence cannot be provided in the end, the trademark will be invalid.
(2)"Actual Use": This basis is applicable to the case where the trademark was already used in the United States when the application for registration was submitted. When filing an application for trademark registration on the basis of "already used", evidence of the use of the trademark in the United States and the earliest date of use shall be provided.
(3)"Registration in Other Countries": This basis is used when an application for registration of the same trademark has been submitted in the origin country and the applicant cannot provide mark use evidence in the United States for a short period of time. Application information (including designated goods/services) in the US application should be consistent with those in the application of origin country, and a copy of registration certificate in the origin country should be provided.
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