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01-11-2017
Sophie Davies, HSM IP, Cayman Island

New and Updated IP Laws in Cayman: Designs, Patents, Tr...


Sophie Davies, HSM IP, Cayman IslandOn 16 November 2016, the Cayman Islands Government passed two IP laws: (1) The Design Rights Registration Law, 2016 and (2) The Patents and Trade Marks (Amendment) Law, 2016. Copies of the laws were published with Gazette No. 25 dated 5 December 2016. The long-awaited new Trade Marks Law has also been approved by Government and is expected to be published shortly. We anticipate that the laws will be implemented on or before 1 April 2017. What is the impact of The Design Rights Registration Law read more

01-11-2017
Abdurrahim Ayaz, Istanbul Patent A.S., Istanbul, Turkey
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Non-use Cancellation of TMs is no Longer Possible in Tu...


Abdurrahim Ayaz, Istanbul Patent A.S., Istanbul, TurkeyConstitutional Court in Turkey has ruled that Article 14, which regulates use requirements of trademarks, of Turkish Trademark Law, Decree Law no. 556, is unconstitutional because it violated Article 91/1 of the Turkish Constitution. The ruling has been published on Official Gazette and went into effect as of January 06, 2017. Article 91/1 of the Turkish Constitution regulates that basic rights, including right of ownership, cannot be regulated / limited by Decree Laws. Turkish  read more

01-10-2017
Xiaoming Liu, Chofn Intellectual Property, China
Originally published in the IPPRO the Annual 2016/2017
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Beijing IP Court’s Stricter Formalities for Trademark A...


Xiaoming Liu, Chofn Intellectual Property, China, Originally published in the IPPRO the Annual 2016/2017In China, if a party is dissatisfied with the decisions made by the Trademark Review and Adjudication Board (TRAB) on any trademark appeal or invalidation case, it is entitled to lodge a lawsuit before the Beijing IP Court. An increasing number of the plaintiffs, especially foreign legal persons, usually foreign companies, complained about the Court’s stricter formality requirements in recent years. I would like to clarify the change from a professional perspective, and hopefully in a pragmatic manner. Before the Beijing IP Court was set up read more

12-06-2016
Xiaoming Liu, Chofn Intellectual Property, China
This article was originally published in The Trademark Lawyer Magazine of CTC Legal
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Non-use cancellation in China


Xiaoming Liu, Chofn Intellectual Property, China, This article was originally published in The Trademark Lawyer Magazine of CTC LegalThe Chinese Trademark Office (CTMO) received nearly 2.9 million new trademark applications in 2015, ranking No.1 in the world for 14 consecutive years. The application number increased approximately ten times compared with 2002 when CTMO received around 0.3 million new applications and ranked the No. 1 for the first time. There are more than 12 million registered trademarks in the Chinese Trademark Register as of 2015. On the one hand, such a huge number makes CTMO the busiest trademark authority in the world and it is very common  read more

12-06-2016
Claudia Ibañez, OMC Abogados & Consultores, Peru

Assessment of a Mark


Claudia Ibañez, OMC Abogados & Consultores, PeruIn Peru, there are micro, small and medium-sized companies devoted to the sale of goods and/or services, which represent the 99.6% of the total business in the country. In addition, due to their representation in the economy, they provide employment to more than the 80% of the labor force. It is necessary to point out that, although the production of these companies represents 47% of the GDP, not all of them have a registered trademark before the National Institute of Defense of Competition and protection of Intellectual Property (INDECOPI). Therefore, this  read more

11-22-2016
Suzanne Antal, Joli-Cœur Lacasse Avocats, Canada
Francis Arnaud Marcotte, Joli-Cœur Lacasse Avocats, Canada
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Canadian Trademark Office Releases New Notice Regarding...


Suzanne Antal, Joli-Cœur Lacasse Avocats, Canada, Francis Arnaud Marcotte, Joli-Cœur Lacasse Avocats, CanadaOn November 9, 2016, the Canadian Intellectual Property Office (CIPO) released a practice notice in order to clarify its interpretation of paragraph 12(1)(b) of the Canadian Trade-marks Act when applied for evaluating the registrability of trademarks with a geographical name. CIPO’s notice states that, in accordance with the 2016 Federal Court of Appeal’s decision in MC Imports Inc. v. AFOD Ltd., a trademark is clearly descriptive of the place of origin if the trademark, whether depicted, written or sounded, is a geographic name and the associated goods or services originate from the location of the geographic name. Therefore, such trademark could not be registered in Canada. Furthermore, a trademark will not be registrable under paragraph 12(1)(b) if it is deceptively misdescriptive. As mentions CIPO’s notice, a trademark will be deemed misdescriptive if it is a geographic name and if the associated goods or services do not originate from the location of the geographic name. Then, a further analysis from the  read more

11-09-2016
Timothy J. Kelly, Fitzpatrick, Cella, Harper & Scinto, USA
Kathryn Easterling, Fitzpatrick, Cella, Harper & Scinto, USA
First published on International Law Office (www.internationallawoffice.com)


Mini Melts, Inc. v. Reckitt Benckiser LLC


Timothy J. Kelly, Fitzpatrick, Cella, Harper & Scinto, USA, Kathryn Easterling, Fitzpatrick, Cella, Harper & Scinto, USA, First published on International Law Office (www.internationallawoffice.com)The Trademark Trial and Appeal Board (Board or TTAB) finally concluded a nine-year trademark battle between opposer Mini Melts, Inc. (“MMI”) and applicant Reckitt Benckiser LLC (“RB”), refusing RB’s mark on the basis of descriptiveness. RB sought to register the marks MINIMELTS and MINI-MELTS, in standard characters, for “pharmaceutical preparations for use as an expectorant” in International Class 5. MMI opposed, alleging likelihood of confusion under Section 2(d) of the Trademark Act in light of MMI’s previously registered MINI MELTS mark for “ice cream.” As a secondary argument, MMI alleged that RB’s marks were merely descriptive under Section 2(e)(1) of the Trademark Act. RB countered, denying the allegations of likely confusion, and affirmatively alleging that its marks had acquired distinctiveness under Lanham Act Section 2(f). The original notice of opposition by MMI was filed over nine years ago, with intervening district court proceedings resulting in suspension of the opposition for over four years. In the district court, RB was successful in overcoming MMI’s challenge to  read more


Istanbul Patent A.S.



Abdurrahim Ayaz

Abdurrahim Ayaz
Buyukdere Cad., No. 33/16
34381 Sisli/Istanbul
Turkey (TR)
Tel +90 212 241 7272
Fax +90 212 241 7026
info@istanbulpatent.com
www.istanbulpatent.com

Istanbul Patent A.S. was found in 1997 to provide full legal services in Intellectual Property area. Based in the hart of Istanbul and branched in the capital Ankara, the firm’s services extend to entire Turkey and also to the Turkish Republic of Northern Cyprus. In addition, the firm also provides services to local and overseas clients before European Patent Office.
The firm has 15 attorneys with additional supporting staff in five departments; Trademark Department for overseas clients, Trademark Department for local clients, Patent Department, Domain Name Department and Litigation Department.
The firm has an outstanding reputation in intellectual property, and is unique for its full range of intellectual property services, ranging from copyrights, trade and service marks, patents, utility models, industrial designs, geographical Indications, Plant Varieties and copyrights, from advisory services to prosecution and protection, and related litigations. The firm has also outstanding reputation and expertise in domain name disputes.

CHOFN Intellectual Property



Tingxi HUO

Tingxi HUO
B316 Guangyi Plaza, 5 Guangyi Str., Xicheng
100053 Beijing
China (CN)
Tel +86 10 6213 9699
Fax +86 10 6213 1230
trademark@chofn.cn
www.chofn.com

Mr. Tingxi Huo, former trademark partner and leader of another Chinese IP firm, Peksung’s, trademark team, is now heading Chofn’s trademark team. Chofn, a veritable “one-stop IP shop”, is one of China’s leading firms with 19 offices in 17 cities.

Professional Team:
• 400+ patent attorneys & engineers
• 300+ trademark attorneys
• 40+ litigators
• 1400+ staff

IP Services:
• Prosecution
• Litigation
• Search
• Transaction
• Research & Training
• IP Software

Awards (selective):
• Trademark Agency of Excellence
• Outstanding IP Litigation Team in China
• ASIA IP Expert
• WTR 1000
• WIPR Leaders 2016 China

Joli-Coeur Lacasse Avocats



Micheline Dessureault

Micheline Dessureault
1134 Grande-Allée Est, suite 600
G1S 1N5 Québec (Québec)
Canada (CA)
Tel +1 418 681 7007
Fax +1 418 681 7100
micheline.dessureault@jolicoeurlacasse.com
www.jolicoeurlacasse.com

Founded in 1983, our firm has expanded considerably since its creation, placing it amongst one of the most important law firms in the province of Quebec, Canada.

Counting almost 100 lawyers, our firm has offices in Quebec City, Trois-Rivières and Montreal and has, amongst others, departments in intellectual property, international business law, business law, taxation, real estate law and insolvency and enforcement of security.

It is known for both the quality and affordability its legal services. Our accomplishments are in large part due to the competent, creative and service-oriented professionals who lend their hand to helping their clients and strive to go above and beyond demand.

Our team of professionals in the intellectual property area is renowned for its services and publications as well as for its conferences and seminars. Its members, whether they are lawyers, trademark agents or technicians, have a strong experience in Canada as in foreign countries. Counting on a sound network of contacts throughout the world, they are fit to assist you on intellectual property matters.

Our spheres of activity in Intellectual Property:
- Protection and management of intellectual property portfolios
- Trademarks
- Copyright
- Information technologies and Internet Law
- Patents and industrial designs
- Know-how
- Artistic heritage
- Licenses/technology transfer
- Research and development

Our services in International Business Law:
- Business accompaniment
- Legal and political analysis
- Creation of a subsidiary or branch
- Mergers and acquisitions
- Strategic alliances and partnerships
- Commercial agencies/sales offices
- Distribution
- Joint venture and co-development
- Exportation and importation
- Legal domiciliation
- National and international taxation
- Real estate
- Negotiation and drafting of various other international contracts
- Transnational dispute settlement, mediation, arbitration

We invite you to visit our website for further information regarding our firm and its specialists.

Micheline Dessureault, Lawyer and Trademark Agent, Director of the Intellectual Property and International Business Law Departments

Suzanne Antal, Trademark Agent, Assistant Director - Trademarks