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CNIPA Deputy Commissioner Meets with WIPO Assistant Director General Kenichiro Natsume in Beijing
Lu Pengqi, Deputy Commissioner of the China National Intellectual Property Administration (CNIPA), met in Beijing recently with Mr. Kenichiro Natsume, Assistant Director General of World Intellectual Property Organization (WIPO), and his delegation.
AG Campos advises CJEU to rule that joint ownership of copyright remains within the remit of national law, not EU law. But is that （still） right?
Joint ownership of IP rights: is it an area governed by national or rather EU law? More specifically, when there is more than one copyright owner, does EU law have anything to say regarding how each of them can exercise and enforce their rights?
Mercedes’s off-road vehicle illustration insufficiently distinctive for EU trade mark registration
On 19 March 2025, the EU General Court rendered a decision regarding the distinctiveness of a figurative sign for which Mercedes-Benz Group AG (applicant) had sought registration as an EU trade mark. The Court upheld the Fifth Board of Appeal (BoA) finding that the sign should be refused registration under Article 7(1)(b) of the EU Trade Mark Regulation (EUTMR) as it lacked distinctive character capable of indicating the commercial origin of the relevant goods.
INPI publishes its 2024 Annual Report
The INPI has just published its annual report! This is an opportunity to review all the actions that took place in 2024.
Music and IP: kicking off on a high note by Eleonora Rosati
From Italy as the birth place of lyrical music to Jamaica and the roots of reggae, from New Orleans-born jazz to South Korea’s K-pop phenomenon, there is no country or society in the world and throughout history that has not enjoyed listening to, playing, and making music.
Observatory working group meetings
The European Observatory on Infringements of Intellectual Property Rights (the Observatory) will hold its working group meetings from 14 to 16 April 2025, both in-person at the EUIPO headquarters in Alicante and online. These meetings will bring together representatives from the public and private sectors, as well as civil society, to discuss key issues related to intellectual property rights.
VIVA becomes first entertainment firm to sign E-Commerce MOU to step up fight against piracy, counterfeiting
Viva Holdings, Inc. and its 37 subsidiaries signed on Tuesday the E-Commerce Memorandum of Understanding (MOU) to strengthen protection of its content and retail products across digital platforms, making it the first entertainment-driven company to fight piracy and counterfeiting online through the agreement.
AI Creativity is Boundless, Copyright Protection is Essential
The rapid development of artificial intelligence (AI) technology has brought unprecedented changes to the creative industry. From artistic creation to music production, from advertising design to film and television production, the addition of AI has continuously expanded the boundaries of creativity and made the burst of inspiration more efficient.
Global Layout and Strategic Analysis of Trademark Protection in the Toy Industry
In the realm of toys, trademarks are more than just brand identifiers; they are a crucial component of a company's assets. To gain a comprehensive understanding and analyze the landscape of global trademark protection within the toy sector, we have conducted an extensive search and statistical analysis of trademarks in Class 28 (toys and games) across China, the United States, the European Union, the United Kingdom, Japan, South Korea, and WIPO.
The shadow of trademark squatting: Unveiling the legal game of celebrity name rights
With the rapid development of the sports industry, the influence of sports stars has been expanding, and the commercial value of their names and images has skyrocketed. However, this phenomenon has also triggered the chaos of trademark squatting, especially the names of Olympic gold medal athletes have become "hot targets" for squatting.
Trademark Protection in the Luggage Sector: Strategies and Layouts from a Global Perspective
In today's globalized market, luggage, as both a fashionable and practical commodity, holds significant brand value, making intellectual property protection all the more crucial. Trademarks, as the core identifiers of a brand, are not only vital tools for consumers to recognize the source of goods but are also key for businesses to maintain their market position and brand image.
Introduction of the subclass
Introduction of the subclass
Electronic Publication of Trademarks
Electronic Publication of Trademarks
TIPO Updates Taiwan-Japan and Taiwan-Korea Concordance Tables for Nice Classification
To align with the latest updates to the Nice Classification (12th Edition – Version 2025) issued by the World Intellectual Property Organization (WIPO), TIPO has released updated versions of its Taiwan-Japan and Taiwan-Korea Concordance Tables for Similar Group Codes of Goods and Services.
TIPO Launches the 2025 Competition for Patent Portfolio Analysis
TIPO's 2025 Competition for Patent Portfolio Analysis is now open for registration until April 30, 2025. With a total prize pool of NT$300,000, the competition continues to adopt its innovative “Corporate Challenges x Talent Solutions” format, incorporating real-world business needs and industry priorities, in hopes that domestic patent analysis professionals across different sectors can participate.
Invitation for Comments on Draft CRI Guidelines 2025
Public Notice:The deadline for submitting comments or suggestions on the Draft Guidelines for Examination of Computer-Related Inventions (CRI), 2025 has been extended to 30th April 2025.
Never Too Late: If you missed the IPKat last week!
Here is a quick recap of what you might have missed!
The global reach of trade mark law?
Can a trade mark owner prevent an infringer from stocking the infringing goods in a country, in which the trade mark is not protected, if those goods are meant to be sold in the country of protection? This question is at the heart of a reference for a preliminary ruling to the Court of Justice of the EU (‘CJEU’) from the German Supreme Court (discussed here): Tradeinn Retail Services (C-76/24).
GO Entrepreneurs Paris 2025: INPI puts all its expertise at the service of innovators and entrepreneurs
On April 9 and 10, the INPI (French National Institute for Industrial Property) met with entrepreneurs and innovators at the Go Entrepreneurs trade show at the Paris La Défense Arena. Under the theme "Entrepreneurship: The Power to Choose," project leaders benefited from insights from our experts and project managers on both business formalities and industrial property rights.
Czech Arbitration Court rules in favour of the EUIPO by cancelling EUIPP.com domain name
The European Union Intellectual Property Office (EUIPO) continues to take action against senders of misleading payment requests targeting users of the intellectual property (IP) system. As part of its Strategic Plan SP2030, the EUIPO has intensified efforts to tackle these fraudulent activities. A recent ruling by the Czech Arbitration Court’s Uniform Domain-Name Dispute-Resolution Policy (UDRP) Panel in favour of the EUIPO to cancel the domain name euipp.com, effective 16 March 2025, marks an important milestone in this endeavor.
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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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