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What does this meme? How copyright protected the “success kid” meme
We’ve all seen it, possibly even used it – the photo of a little boy in the green and white shirt, on the beach, with a fist full of sand and determined look on his face – which has been doing the rounds since 2007, after Laney Griner took a photo of her 11-month-old son, Sam Griner.
The JPO Quick Reads
In the JPO Quick Reads, KITAMURA Hiroki, Director-General, Patent and Design Examination Department, briefly introduces the JPO initiatives and information on every Monday!
TIPO Annual Report 2024 Released
TIPO is pleased to announce the publication of its 2024 Annual Report, highlighting its significant developments and achievements in the field of intellectual property over the past year.
Defence against dupes: A practical guide
The rise of dupes, which are products that are designed to duplicate the appearance of products from established brands, has resulted in new brand protection-related challenges for businesses. Whilst dupes are generally not outright copies of products from established brands, they can often be in a legal gray area between acceptable inspiration and actionable infringement.
UK signs Riyadh Design Law Treaty
On behalf of the UK government, the CEO of the Intellectual Property Office (IPO) has signed this new treaty at the World Intellectual Property Organization (WIPO) General Assembly in Geneva. This new multilateral treaty will bring benefits to UK designers through simplified application and renewal processes and reduced administrative burdens in international applications.
Gazettal of two pieces of subsidiary legislation under Copyright Ordinance
The Government today (July 11) published in the Gazette two pieces of subsidiary legislation under the Copyright Ordinance (Cap. 528) (the Ordinance), namely the Copyright (Libraries, Museums and Archives—Prescribed Conditions for Making Copy) Regulation and the Copyright (Specified Libraries, Museums and Archives under Sections 47 to 53) Notice.
Celebrating AI modernisation this Innovation Month
Innovation Month 2025 is here! This year’s theme Risk. Resolve. Results invites conversations about innovating within the lines, embracing risk, and driving meaningful impact. For us, innovation isn’t just a theme — it’s how we work.
PH conveys commitment to develop and enhance intellectual property through MSMEs
The Philippine Delegation joins the Sixty-Sixth Series of Meeting of the Assemblies of the Member States of the World Intellectual Property Organization (WIPO 66th Assemblies) in Geneva, Switzerland.
Use on goods is not use in retail: FanFirm v Fanatics and a cautionary tale in trade mark use
The Full Federal Court’s recent decision in FanFirm Pty Ltd v Fanatics, LLC [2025] FCAFC 87 highlights a crucial point of Australian trade mark law: use of a trade mark on goods is not the same as using it in relation to retail services. For businesses operating in e-commerce or expanding across jurisdictions, the decision is a timely reminder that precision matters in both trade mark strategy and how your brand is actually used.
WIPO Assemblies 2025 Begins
A delegation from Japan including Japan Patent Office (JPO) Commissioner Mr. KASAI Yasuyuki, and Deputy Commissioner Mr. YASUDA Futoshi, is attending the Assemblies of the Member States of the World Intellectual Property Organization (WIPO), which began on July 8 in Geneva, Switzerland.
Why an integrated IP strategy is crucial to protecting video-game mechanics in China
Electronic games have become an essential aspect of the global entertainment industry. The recent Global Gaming Market Report reveals that the global gaming market was valued at around US$200 billion in 2023, and it is expected to reach between US$300 billion and US$500 billion in the years 2027 to 2030, depending on mobile gaming, cloud gaming and emerging markets.
Pharmaceutical Data Exclusivity in Southeast Asia
Developing and launching a new drug on a commercial scale requires an enormous amount of time and investment in research and development (R&D), including pre-clinical testing and clinical trials.
Company Registration at the Intellectual Property Office
Due to the recent reform of Articles 18 subsection 6), 76, 77, 103, 234 subsection b), and 245, as well as the repeal of Article 235 bis of the Costa Rican Commercial Code, companies will no longer be able to register their name with the Mercantile Registry. The only way to legally protect it will be through registration with the Industrial Property Registry.
AI Use at the Israeli Patent Office and Beyond: Transforming the Future of Innovation Protection
The Israeli Patent Office is taking bold steps toward integrating artificial intelligence (AI) into its patent examination process, a move that could reshape the experience for Applicants. While AI has already helped standardize procedures and reduce wait times, its application in substantive examination brings profound implications. From streamlining prior art searches to leveraging predictive analytics for patentability assessments, AI is poised to become an indispensable tool for examiners and Applicants must be prepared.
Wednesday Whimsies
The IPKat proudly presents some upcoming events, exciting opportunities, and several paws-itively interesting IP news for readers!
Audi’s S6 and S8 beat NIO’s ES6 and ES8
After NIO lost its trade mark battle with Audi before the Higher Regional Court of Munich regarding its model designations ‘eS6’ and ‘eS8’ (IPKat here), the General Court recently also confirmed a likelihood of confusion between Audi’s ‘S6’ and ‘S8’ trade marks and NIO’s ‘ES6’ and ‘ES8’ marks (cases T-593/23 and T-598/23).
Never Too Late: If you missed the IPKat last week!
Didn’t catch the latest in IP news last week? Don’t worry, here’s your chance to catch up on everything you might have missed!
Pitfalls of cell therapy manufacturing IP - A case study (T 0868/23)
The recent Board of Appeal decision in T 0868/23 is a powerful example of the potential fragility of process IP in the field of cell therapy. The decision in T 0868/23 illustrates how a cell therapy process invention may evolve over time to the detriment of the IP. Processes can be notoriously difficult to pin down, leaving even seemingly broad claims vulnerable to attack in the face of the EPO's unyielding approach to added matter.
CRYSTAL VAPE: Proving unregistered earlier rights
There is a sizeable dispute rumbling along in the High Court of England and Wales between a Chinese company (Shenzhen SKE Technology Ltd – “SKE”), which manufactures vaping products under the name CRYSTAL BAR and other signs including the word CRYSTAL, and a UK company that wholesales vapes (Bargain Busting Ltd – “BB”).
Guide to Trademark Renewal in the United Kingdom
Trademarks, as one of vital intangible assets for businesses, embody brand value and market reputation. In the United Kingdom, effective trademark management and renewal are critical for safeguarding brand rights. This guide is aiming to provide with a detailed overview of the trademark renewal process in the UK, key considerations, and strategies to ensure efficient renewal, helping businesses maintain the continuity of their brand rights.
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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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