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Suggestions on Improving the Well-known Trademark System
In the trademark laws and regulations and judicial practices of various jurisdictions, there are two controversial issues in the field of well-known trademarks: 1. Are only trademarks that have reached the level of well-knownness eligible for cross-Class protection? If a trademark has a certain degree of reputation but is not yet well-known, can its protection scope be extended to some related but non-similar goods and services? 2. If a trademark is well-known or has a certain degree of reputation in country A, but has not been registered or used in country B, can it be protected in country B?
Corporate Trademark Management Guide
Trademarks are important intangible assets of enterprises. They embody and carry the valuable goodwill accumulated by the enterprise's business development. The value of a company's trademark is affected by many factors, including commercial factors 'such as product/service quality, advertising, market share, popularity and influence, etc.', legal factors 'such as validity, stability, scope of protection, infringement risk, etc.', and cultural and religious factors 'such as the meaning, metaphor or association of the words or graphics in the trademark in the cultural and religious background of a certain country'. Enterprises need to comprehensively consider the above-mentioned relevant factors in the management of trademarks, combine the business development plan of the enterprise, and carry out systematic, institutionalized, proactive and scientific management in accordance with the trademark legal system of the country/region where the target market is located, rather than isolated and passive case-by-case response.
Corporate Trademark Management Guide
Trademarks are important intangible assets of enterprises. They embody and carry the valuable goodwill accumulated by the enterprise's business development.
Suggestions on Improving the Well-known Trademark System
In the trademark laws and regulations and judicial practices of various jurisdictions, there are two controversial issues in the field of well-known trademarks
Clean and Sustainable Innovations from Austria: An Intellectual Property Perspective
The global shift towards sustainability has placed green transition at the forefront of the European agenda. In an era where the pursuit of environmentally friendly and resource-efficient solutions is becoming increasingly urgent, green technologies play a crucial role in sustainable economic growth. Promoting sustainable innovations is not only a key factor in the global race for clean technologies but also a significant driver of long-term economic stability and competitiveness. Economies that invest in green technologies secure crucial advantages in the global innovation competition, laying the foundation for sustainable growth. This is further confirmed in the recently published Draghi Report on European Competitiveness, which highlights the importance of clean and sustainable technologies for decarbonization in closing the European innovation gap.
From Symbols to Masterpieces: The Role and Interaction of Trademarks and Copyrights in the Field of Intellectual Property
In the vast field of intellectual property, trademarks and copyrights play an essential role. They are not only the protective umbrella for corporate brands and creative works but also the catalysts for innovation and creativity. From simple symbols to admirable masterpieces, trademarks and copyrights interact on the stage of intellectual property, jointly promoting the development of socio-economic and cultural prosperity.
Embarking on the Future: A Strategic Journey of Trademark Protection in the Automotive Sector
In the increasingly competitive global automotive industry, a brand is not only the embodiment of a company's core value but also a critical tool in market competition. Trademarks, as key carriers of brand identity, directly impact the long-term development of an enterprise through their protection and management. This article delves into trademark protection characteristics and considerations within the automotive sector by analyzing influential cases from three major automotive markets—China, the United States, and Europe—offering valuable insights for the industry.
New rules for examining Certificates of Addition of Invention in Brazil
The Brazilian Patent and Trademark Office 'BPTO' established, through Ordinance/INPI/DIRPA No. 14 of August 29, 2024, general rules for the form and content of Certificates of Addition of Invention 'C.A.' associated with invention patents.
Pet World Imprint: Unlocking the Secrets of Brand Protection in the Pet Products and Services Industry
Pets are no longer just companions in today's society; they are cherished family members who enjoy dedicated care and attention. As the pet economy flourishes, the pet products and services sector has experienced unprecedented growth. However, amid this blue ocean of opportunities, brand protection issues have increasingly come to the forefront, becoming critical to the healthy development of the industry. This article explores brand usage characteristics, analyzes the trademark strategies of internationally renowned pet brands, and delves into recent pet brand cases to provide insights into brand protection in the pet products and services sector.
Maintaining KR Patent Rights: A Guide to Annual Fees and Maintenance Practices
According to the regulations of the Korean Intellectual Property Office 'KIPO', after patent authorization, patent owners must comply with relevant laws and regulations and pay the prescribed annual fees on time to maintain the validity of the patent.
IP Enforcement and Customs: Navigating the Oceans of Intellectual Property Protection
In the tide of globalization, intellectual property is a key element to staying competitive. How can brands protect their rights in international markets and avoid tidal waves of infringement? Utilizing customs to protect your IP is an essential step, and its importance cannot be overstated. This article explores the significance of customs protection from a brand owner's perspective, outlining the routes, processes, and requirements for customs protection across various countries.
Yemen Trade Mark Office Resumes Renewals for Certain 'Blacklisted' Countries
Yemen Trade Mark Office Resumes Renewals for Certain 'Blacklisted' Countries
Frequently Asked Questions: Trademarks in Indonesia
In Indonesia, a registered trademark is not just a legal formality—it must be actively used in the marketplace. Failure to use a trademark for an extended period can lead to its cancellation under the Trademark Law 'Law No. 20 of 2016 on Marks and Geographical Indications'. This article explores the concept of trademark non-use, its legal implications, and steps businesses can take to mitigate risks.
A trade mark judgment dealing with well-known marks
On 30 August 2024 the Tanzanian Court of Appeal handed down a trade mark judgment dealing with well-known marks. The case involved two companies, JC Decaux Limited and JP Decaux Tanzania Limited.
New IP Law and fee increase
a new Iranian IP Law along has come into effect which has introduced newly increased official fees for several Trademark, Patents and industrial design services.
Extension of deadlines
The suspension of deadlines is effective as of September 23, 2024.
Key Insights from The Australian IP Report 2024
These insights reflect a vibrant Australian IP environment, with robust growth across key sectors, a focus on clean energy innovation, and streamlined processes that make it easier for international clients to engage with Australia’s IP system.
Changes to the European design
Council of the European Union definitively adopted the Directive and the Regulation amending the legal framework applicable to designs.
Do Directors of a Limited Company Bear Tort Liability?
General Principle under Hong Kong Law According t...
Diplomatic Conference to Conclude and Adopt a Design Law Treaty
From November 11-22, 2024, Riyadh will host a piv...
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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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