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[Guest post] Designs, Dilution and Dates: The Almost Forgotten Case C-749/24 – Van Ratingen v Versuni
The IPKat has received and is pleased to host the following guest contribution by Katfriends Eva Maierski (Lubberger Lehment; Member of the Committee for Design Law of the German Association for Intellectual Property Law and Member of the Designs Team of Marques) and Henning Hartwig (Bardehle Pagenberg; Chair of the Committee for Design Law of the German Association for the Protection of Intellectual Property) on a request made by the Hof van beroep te Brussel, Belgium, for a preliminary ruling of the Court of Justice of the European Union (CJEU) on the interpretation of provisions of EU design law (C-749/24). While the referral has meanwhile been withdrawn, the raised questions still require a clear answer.
The Cheshire Kat: easyGroup’s claim against Premier Inn over ‘rest easy’ fails
There has been a flurry of decisions handed down this year in cases brought by easyGroup. easyGroup is the company behind a number of ‘easy’ brands, most famously the easyJet brand founded by Sir Stelios Haji-Ioannou in 2000. The most recent of these was a case brought by easyGroup against the UK hotel chain Premier Inn:
Never Too Late: If you missed the IPKat last week!
What a week for the IPKat — filled with stories about copyright infringement tests under scrutiny, a co-writing lawsuit reaching an amicable resolution, toy bricks in legal limbo, a public transit melody overcoming legal challenges, and the statistics everyone loves. Here’s the gist, ready for you:
Selective distribution meets parallel trade: Higher Regional Court of Munich on exhaustion, licensing and prestige
The Higher Regional Court of Munich has handed down a practice-oriented judgment on trade mark exhaustion in selective distribution systems – one that will interest luxury and cosmetics brands, marketplace resellers and anyone drafting ‘don’t-sell-to-them’ clauses. In its decision (6 U 2795/23e) the Court confirmed that a brand owner who supplies independent authorized retailers puts the goods on the market within the meaning of Art. 15(1) EUTMR. Contractual sales restrictions in the dealership agreement do not prevent exhaustion.
DesignEuropa Awards 2025: A celebration of innovative European design – by Mary White
On 23 September 2025, the European Union Intellectual Property Office (EUIPO) will host the sixth edition of the DesignEuropa Awards in Copenhagen. The Awards celebrate remarkable designs and their creators, and demonstrate how registered design rights protect these products. This article briefly explores the history of the Awards, highlights the importance of design protection in Europe, and illuminates best practice examples of how creativity can deliver real-world impact.
KIPO to offer IP training to Nobel Prize-level Women Scientists
KIPO·WIPO·UNESCO to empower Global Women Leaders in Science- - Hosting the IP Leadership Course for laureates of L'Oréal–UNESCO For Women in Science International Awards -
New minister appointed with responsibility for intellectual property
The Intellectual Property Office CEO has welcomed the new minister.
Shen Changyu Meets with UAE Minister of Economy and Tourism
Recently, Shen Changyu, Commissioner of the China National Intellectual Property Administration (CNIPA), met in Beijing with Abdullah bin Touq Al Marri, Minister of Economy and Tourism of the United Arab Emirates (UAE). H.E. Hussain Al Hamadi, UAE Ambassador to China, accompanied the delegation.
CNIPA Deputy Commissioner Meets with Senior Vice President of ABB Group
Recently, Lu Pengqi, Deputy Commissioner of the China National Intellectual Property Administration (CNIPA), met in Beijing with Charlotta Ljungdahl, Senior Vice President of Switzerland-based ABB Group.
Global Innovation Index 2025 Released: China Breaks into Top 10 for the First Time
On September 16, 2025, the World Intellectual Property Organization (WIPO) released the Global Innovation Index (GII) 2025. China (10th) broke into the Top 10 for the first time, while maintaining its lead among the 36 upper middle-income economies. Since 2013, China has advanced a total of 25 places. This demonstrates the remarkable achievements of China's innovation-driven development strategy and its accelerated efforts to build itself into both a scientific and technological powerhouse and an intellectual property (IP) powerhouse.
2025 IP5 Trial and Appeal Boards High-Level Meeting Held in Fuzhou
On September 16, the 2025 IP5 Trial and Appeal Boards High-Level Meeting was held in Fuzhou. Hu Wenhui, Deputy Commissioner of the China National Intellectual Property Administration (CNIPA), attended the meeting and delivered a speech. Heads and representatives from the trial and appeal boards of the IP5 Offices, as well as observers from the World Intellectual Property Organization (WIPO), attended both online and onsite.
Aristocrat’s Gamble with Patenting Electronic Gaming Machines Finally Pays Off
In the recent decision of Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131 (Aristocrat 2025), the Full Federal Court of Australia has allowed an appeal by Aristocrat Technologies Australia Pty Ltd against the Commissioner of Patents, finding the claims of several patents to electronic gaming machines are directed to a patentable subject matter (known as a “manner of manufacture”). This subject matter requirement is a separate requirement from novelty and inventiveness, and relates to the type of developments that should be allowed to be patented. For example, mere schemes, abstract ideas and theories have traditionally been excluded as they lack practical effect.
Trademark Analysis of Global Social Media Platforms: A Closer Look at Douyin and TikTok
In recent years, social media platforms have rapidly evolved into major international players, influencing not only how we communicate and consume content, but also how global brands manage their intellectual property. Among these platforms, Douyin (known internationally as TikTok) has achieved remarkable success and widespread adoption. This article provides a concise overview of Douyin and TikTok, and then explores their trademark layouts, including application trends in key jurisdictions, goods and services distribution, and significant registration obstacles.
Schrödinger’s Paradox in the Patent World: Can a Marketed Product Fall Outside the Prior Art?
On 2 July 2025, the Enlarged Board of Appeal of the European Patent Office (“EPO”), in its decision G 1/23, clarified whether a product already placed on the market, but whose internal structure cannot be analysed or reproduced by the skilled person, may nevertheless be excluded from the state of the art in the assessment of inventive step. In doing so, the Board added a new dimension to the ongoing debate following decision G 1/92.
Gen AI in the legal profession; hallucination or a reality?
Generative AI (“GenAI”) is no longer just a buzzword – it might be the future of the legal profession. From drafting contracts to streamlining research, AI tools are changing the daily reality of fee earners. But with opportunity comes risk. This article examines how GenAI may transform the legal profession, the commercial and ethical concerns that accompany it, and what firms can do to adopt the technology responsibly.
Kenya’s green energy ambitions lead to unprecedented production of e-bikes in Africa
It is official, Kenya is now the largest manufacturer of electronic motorcycles in Africa. The surge in the market is a direct result of the Kenyan government submitting a plan to the United Nations in April earlier this year, committing to a 35% reduction in greenhouse gas emissions by 2035, with a key focus being clean energy solutions across the transport sector.
The Legal Shield of the Fashion World: A Global Perspective on Trademark Protection in the Clothing Industry
In the clothing industry, trademarks are not only crucial for brand recognition but also form a significant part of a company's intellectual property.
The Global Innovation Index (GII) 2025
The 18th edition of the Global Innovation Index (GII) was released today. Published since 2007, the GII has been a useful source of analysis for measuring innovation. Review here this TechieKat’s reports on previous editions of GII.
EUIPO deepens cooperation with China and Japan IP offices and stakeholders
From 10 to 13 September 2025, EUIPO concluded a successful mission to China and Japan, reinforcing its commitment to fostering international intellectual property (IP) collaboration and its global network of partners under the recently launched IP Alliances initiative. The mission, lead by EUIPO Executive Director João Negrão, underscored the EUIPO’s role as a key international IP actor and highlighted strategic advancements in cooperation with IP offices in China (China’s National Intellectual Property Administration - CNIPA) and Japan (Japan Patent Office - JPO). By doing so, EUIPO contributes to creating a reliable international IP rights system for the benefit of both, EU businesses operating and third-party economic actors investing in the EU.
CNIPA Deputy Commissioner Leads Delegation to Visit Singapore and Indonesia upon Invitation
Recently, Lu Pengqi, Deputy Commissioner of the China National Intellectual Property Administration (CNIPA), led a delegation to Singapore and Indonesia for a working visit.
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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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