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Ukraine: navigating the examination and registration framework before the UANIPIO
This article reviews Ukraine’s trademark registration landscape under the new rules for examination and registration of trademarks, which came into force in 2024. It outlines the application process (including formalities, e-filing and new categories of marks), substantive examination on absolute and relative grounds, and the opposition and appeal procedures before the Ukrainian IP Office (UANIPIO) and courts. It also covers the five-year use requirement and non-use revocation, rules on assigning and licensing trademarks, and avenues for enforcement – from civil litigation and border measures to domain name disputes. Recent developments, such as alignment with EU standards and notable court decisions, are highlighted to guide brand owners through the current framework.
United States: how a multi-pronged legislative approach is curbing the online trade in fakes
Anti-counterfeiting enforcement in the United States stems largely from two federal statutes: the Lanham Act (codified at 15 USC Section 1051) and the Trademark Counterfeiting Act 1984 (codified at 18 USC Section 2320). The Lanham Act provides civil remedies for trademark infringement and counterfeiting, while the Trademark Counterfeiting Act criminalises certain violations of the Lanham Act’s anti-counterfeiting provisions, making these offences federal crimes. While there are additional state and federal laws that impose civil and criminal liability for counterfeiting, most anti-counterfeiting enforcement actions are derived from these two statutes..,
Issue Averted - Flip supply chain readiness from burden to value
Organizations could rely on well-developed regulations and long-established precedents to inform the management of their global supply chains. Mitigating compliance risk and writing contractual protections was a more straightforward task. We had it so good!
Tanzania Court Confirms ARIPO Trade Marks Not Enforceable in Mainland Tanzania
The Court of Appeal of Tanzania has confirmed that ARIPO trade marks designating mainland Tanzania are not enforceable, following its decision in Lakairo Industries Group Co. Limited & Others v. Kenafric Industries Limited & Others (Civil Appeal No. 593 of 2022).
Nigeria Introduces Temporary Manual Process for Trade Mark Filings
The Nigerian Trademarks Registry has implemented a temporary manual procedure to address ongoing issues with its online filing platform, allowing certain matters to proceed manually until the system is fully restored.
AI in the Legal Sector: Transforming Law Practices in 2025
AI is revolutionizing the legal sector in 2025, transforming law firm and corporate legal department operations. By automating tasks like document review, legal research, and due diligence, AI boosts efficiency, accuracy, and client service. Predictive analytics and advanced research tools help attorneys make data-driven decisions, while real-world case studies show significant time and risk management improvements. However, challenges remain around data security, ethics, and the need for human oversight. As AI adoption grows, legal professionals must balance innovation with professional judgment and compliance to fully realize AI’s potential in law.
Marketing and business development: what’s the difference?
One of the most common questions we get asked is: “What’s the difference between marketing and business development? Aren’t they the same thing?” While the two terms often get thrown around as if they mean the same thing, they actually play very different roles in helping a practice grow. Understanding the distinction between the two can be the difference between simply being known in the market and actually winning work.
Brazil And China Extend Patent Acceleration Program Until 2029
On September 22, in Rio de Janeiro, the Brazilian Patent and Trademark Office (BPTO) and the China National Intellectual Property Administration (CNIPA) signed an agreement extending the Patent Prosecution Highway (PPH) pilot program between the two countries until 2029.
BPTO Highlights the Role of Intellectual Property in Global Sustainable Development
The Brazilian Patent and Trademark Office (BPTO) took part in the International Forum on Promoting the Use of Intellectual Property for the Sustainable Development Goals (SDGs), held on October 4 during Expo Osaka 2025 in Japan.
Descriptive Use as a Defense to Trademark Infringement in India
Registering trademarks enables brand owners to stop others from using their trademarks and to prevent public confusion about the source of goods or services. However, certain exceptions permit the use of another’s trademark to describe the user’s products or services (as illustrated in Section 30 of the Trade Marks Act, 1999: Limits on the effect of a registered trade mark).
Apples to Apples—Federal Circuit Requires Consistency in DuPont Factors Analysis
CC Serve Corp. (CC Serve) offers credit card services and owns the ASPIRE federal trademark registration for credit card services. CC Serve is not a bank. It joins with banks that issue ASPIRE-branded cards to customers and CC Serve services them.
Guide to EU Trademark Renewal
The European Union Trade Mark (EUTM) is the cornerstone for securing exclusive brand rights in the EU’s single market, and its renewal management is the key to ensuring those rights remain in force.
The EU principle of proportionality as a limit to injunctions in patent law - an analysis of German court practice after the Second Act to Simplify and Modernize Patent Law of 2021
German law has long been known for one of the strongest frameworks for injunctive relief worldwide. In view of this tradition, the 2021 introduction of a proportionality defence in Section 139(1) Sentence 3 of the German Patent Act (Patentgesetz) garnered significant attention in the legal community. Although the new provision has been discussed at length, Section 139(1) Sentence 3 PatG has not yet gained practical significance in case law.
Patentee's own post-published data undermines the credibility of their broad cat antibody patent (T 0709/23)
The decision in T 0709/23, relating to a broadly claimed antibody invention, neatly illustrates the pitfalls of filing for a biotech invention too early before the link between structure, function and therapeutic effect has been sufficiently elucidated. Interestingly, this is also another example of a case in which post-published evidence from the patentee themselves undermined the original application, rendering it insufficiently disclosed over the whole scope of the claim. The case also mentions cats a lot, and so it was obligatory that PatKat take a read.
Collaboration between HCO and the Regional Directorate of Primary and Secondary Education of East Attica – “Copyright in our lives” for primary education teachers
On Monday, October 20, 2025, HCO in collaboration with the Regional Directorate of Primary and Secondary Education of East Attica, organized an online seminar titled “Copyright in our lives” for primary education teachers in the region.
Reframing IP Perspectives: From Lease Clauses to Fragile Vases
In today’s knowledge-driven economy, the ability to understand and manage intellectual property (IP) is no longer a niche skill – it is a strategic imperative. Businesses increasingly rely on intangible assets to differentiate themselves, drive innovation, and create value. Yet, despite their fundamental importance, IP concepts often remain abstract and misunderstood, especially by those outside legal or licensing circles.
Commercially ghoulish or ghostly? Stan Lee was an ‘AI-powered’ hologram for Marvel fans at LA Comic Con
In the weeks leading up to LA Comic Con news began to circulate that Stan Lee, comic book author and father to Spider-Man, the X-men, the Fantastic Four, most Avengers, Daredevil and Doctor Strange, would be in attendance. Despite Lee passing in 2018, Marvel fans could pay to take photos and have a 3-minute, one-to-one conversation, with ‘HoloStan’ in an enclosed booth. Greeting fans, HoloStan spoke of his excitement to keep the Marvel dream (commercially?) alive and responded to questions. While the giddiness between the fans is palpable, online the sentiment was decidedly more negative, with some calling it ‘ghoulish’ and other referencing Black Mirror’s 'ghost slavery' episode. Most asked whether there was permission from Lee’s estate.
“Something Nice” in Every Language: How EUIPO Mediation Turned a Trade Mark Clash into a Sustainable Solution
When the EUIPO's Opposition Division suggested mediation, neither party was familiar with the process. However, the initial guidance provided by the EUIPO Mediation Centre showed them that mediation offered a flexible, cost-effective way to resolve the dispute, while still allowing for other options if an agreement could not be reached.
Brazil Makes Contribution to Fund WIPO Projects in Developing Countries
The Government of Brazil has made a voluntary contribution of BRL1,500,000 (approx. 244,000 Swiss Francs) for WIPO-administered capacity building activities to support the growth of IP use by innovators and creators use across Latin America, the Caribbean and Portuguese-speaking countries in Africa.
The 22nd Shanghai International Intellectual Property Forum Held
The 22nd Shanghai International Intellectual Property Forum (SIIPF), themed "Intellectual Property and Artificial Intelligence," opened on October 18. The forum hosted the awards ceremony for the 5th Shanghai Intellectual Property Innovation Awards.
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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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