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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.
Renaming Nigeria’s National Theatre: Issues in Law, IP, and Heritage
The IPKat has received and is pleased to host the following post by Katfriend Seun Lari-Williams (PhD researcher in the Government and Law Research Group in the Faculty of Law, University of Antwerp) on the legal implications of renaming the National Theatre in Nigeria.
IDDQD and Royal Mail v Codeberry: Claim succeeds in addresses database claim
In IDDQD Ltd v Codeberry & Smith, Royal Mail Group Ltd v Codeberry & Smith [2025] EWHC 2561 (Ch) (not available on BAILII but published by 8 New Square here), the High Court has considered a claim for database right and copyright infringement in databases relating to addresses in the UK. The court found infringement, including by the individual director/owner, showing there may still be life in the practice of including individual defendants in litigation.
Never Too Late: If you missed the IPKat last week!
If last week’s posts were any indication, Artificial Intelligence has been busy testing our human intelligence. It felt like the digital age sat us all down for a surprise exam, one we took entirely through our screens, only stepping away for some guitar riffs, a bite of wine and cheese and the occasional patent case. Here’s what you might have missed while The Kats were busy proving that humans still have the upper hand
CNIPA Deputy Commissioner Meets with Vice President of INTERPAT in Beijing
Recently, Hu Wenhui, Deputy Commissioner of the China National Intellectual Property Administration (CNIPA), met in Beijing with John Conway, Vice President of INTERPAT, and representatives of its member companies.
adidas v Thom Browne: Court of Appeal upholds invalidity of three-stripe position marks
Two Court of Appeal judgments were handed down on the same day last week, both covering registrability of trade marks, with the leading judgments in both being given by Lord Justice Arnold. They were in the cases of Thom Browne Inc & Anor v adidas AG [2025] EWCA Civ 1340 and Babek International Ltd v Iceland Foods Ltd [2025] EWCA Civ 1341. This post addresses the Thom Browne v adidas decision, setting out the reasoning in some detail. I will follow up with a post on the BABEK v Iceland decision separately.
Sufficiency at the priority date: A study protocol is not "the same" as a therapeutic effect invention (T0883/23)
Therapeutic inventions are generally not considered sufficiently disclosed absent supporting data. The recent decision in T 0883/23 found that this applies both at the priority date and the filing date of the patent. In this case, the priority document described the dose finding study protocol, whilst the patent claimed and provided data supporting the selection of a particular dosage regimen. The Board of Appeal found that the lack of data in the priority document meant that the "same invention" test for priority was not met and that the priority claim was therefore invalid.
Never Too Late: If you missed the IPKat last week!
It’s been another exciting week on the IPKat! Alongside the classic domains of intellectual property, last week brought a splash of cultural heritage and personality rights. Here’s a quick look at what you may have missed.
Shen Changyu Holds Bilateral Meeting with SAKPATENTI Chairman Soso Giorgadze
Recently, Shen Changyu, Commissioner of the China National Intellectual Property Administration (CNIPA), held a bilateral meeting in Shanghai with Soso Giorgadze, Chairman of the National Intellectual Property Center of Georgia (SAKPATENTI), who was visiting China to attend the 22nd Shanghai International Intellectual Property Forum. The two sides exchanged views on the latest developments in intellectual property (IP) work in both countries, cooperation on geographical indications (GIs) and other issues of mutual interest.
UPDATE: Possible trade mark scam alert!
As recently reported, a number of our clients have recently received an unsolicited email allegedly from Philip John Muir or John David Paton of NRH Legal Limited trying to secure instructions to register their business name in New Zealand. The full text of the email is set out below.
SA Patent Reform Underway: A Call for Balanced, Modern IP Laws
South African Institute of Intellectual Property Law (SAIIPL) has made a formal submission in response to the government’s planned reforms of the Patents Act and Designs Act. The submission welcomes the Department of Trade, Industry and Competition (the dtic) and the CIPC’s consultative approach and argues for a balanced, internationally aligned framework that strengthens patent and design quality while safeguarding the public interest. Adams & Adams partner James Davies, who serves as President of SAIIPL, oversaw the submission process.
Tuesday Tiddlywinks
With autumnal dress adorning the trees throughout London's parks and the blanket of darkness cloaking the capital an hour earlier, spooky season is in full swing. And when spooky season is in full swing, it means that IP news and events are heating up. The AmeriKat is here with a selection of recent goings-on and upcoming events.
"Basmati" decision in Kenya disregards protection of unregistered trade marks
Earlier this month, the Court of Appeal of Kenya dismissed the oppositions to six trade mark applications containing the words BASMATI RICE, on the grounds that the term is not a registered geographical indication in Kenya. This caught the attention of Katfriend Caroline Wanjiru Muchiri (University of Pretoria), who has been collaborating with this Kat on a project about geographical indications in Africa, and we decided to take a closer look at the judgment. Here's our thoughts on the decision in Agricultural and Processed Food Products Development Authority (APEDA) v Krish Commodities Limited [2025] KECA 1587.
CNIPA Deputy Commissioner Leads Delegation to Brazil and Argentina for Working Visits
Recently, Lu Pengqi, Deputy Commissioner of the China National Intellectual Property Administration (CNIPA), led a delegation to attend the 17th BRICS Heads of Intellectual Property Offices Meeting in Brazil, and paid working visits to the National Institute of Industrial Property (INPI) of Brazil and the National Institute of Industrial Property of Argentina.
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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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