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Amendment to Canada’s Trademark Act

12 December 2018

The new trademark regulation will come into force on 17 June 2019 and will allow Canada to join the Madrid Protocol, the Singapore Treaty and the Nice Agreement. Here are the most significant changes: – Harmonization of administrative formalities and ... Read more

DiDiDiDiDiDi first sound trademark recognised by a legal decision in China

03 December 2018

Tencent filed a sound trademark application for the sound “didididididi” in relation with its instant messaging software, Tencent QQ. Following a refusal for lack of distinctiveness, both in first instance and on appeal, Tencent filed an appeal with the Beijing ... Read more

The taste of a food product is not a “work”!

19 November 2018

On 13 November 2018, the Court of Justice of the European Union (CJEU), considered that under the Copyright Directive, the taste of the cream cheese “Heksenkaas” cannot be protected as a copyright. The Court finds, indeed, that in order to ... Read more

TRADEMARK FILING IN CHINA: HOW IMPORTANT IT IS TO OBTAIN A CERTIFICATE IN CHINESE OF YOUR TRADEMARK.

16 November 2018

The protection of your trademark in China can be obtained in two ways: either through the filing of a national trademark, or via an “international” registration (according to the Madrid system at the World Intellectual Property Organization (WIPO)). Following the ... Read more

Improvement in the assessment of the distinctive character of three-dimensional marks

16 October 2018

In 2015, the EU three-dimensional trademark registration application for a bottle, filed by the German company Wajos, particularly in relation with beverages, was refused by the EUIPO and the refusal was by the Board of Appeal for lack of distinctive ... Read more

Admissibility of blockchain evidence by a Chinese court

01 October 2018

Last June, the Hangzhou internet court accepted for the first time blockchain-based evidence in an alleged copyright infringement case on a website. On 7 September 2018, the Chinese Supreme Court officially ruled that evidence authenticated with blockchain are admissible in ... Read more

“Think different”, think evidence!

21 September 2018

  APPLE’s iconic slogan “THINK DIFFERENT” was revoked by the EUIPO for lack of genuine use. This decision follows the request for revocation initiated by Swatch arguing that the trademark THINK DIFFERENT was no longer put to genuine use for ... Read more

Can a face constitute a valid trademark?

07 September 2018

Following a filing for a trademark featuring a baby’s head for foodstuffs, Nestlé’s trademark was refused registration by the EUIPO on the grounds of lack of distinctive character with regard to the goods applied for. The Board of Appeal hearing ... Read more

Organisms obtained by mutagenesis : Decision of the Court of Justice of the European Union (25 July 2018)

20 August 2018

The Court of Justice of the European Union in its ruling of July 25, 2018 (C-528/16) took the view that organisms obtained by mutagenesis are Genetically Modified Organisms (GMOs, within the meaning of Article 2(2) of Directive 2001/18/EC). Thus, organisms ... Read more

No break for Nestlé!

10 August 2018

In the dispute between Nestlé and Mondelez concerning the shape of the “four-fingered bar”, the Court of Justice of the UE (CJUE) issued a decision on 25 July 2018 according to which the shape of the KitKat chocolate bar is ... Read more

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