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10-20-2017
Jonathan Hyman, Knobbe Martens,USA
Nicole R. Townes, Knobbe Martens,USA
First published on www.knobbe.com


General Mills Finds Out That Yellow Is Not “Magically D...


Jonathan Hyman, Knobbe Martens,USA, Nicole R. Townes, Knobbe Martens,USA, First published on www.knobbe.comYears after the Christian Louboutin v. Yves Saint Laurent battle over red soled shoes, trademark protection for color continues to be a hot topic. On August 22, 2017, the Trademark Trial and Appeal Board (“TTAB”) held that General Mills was not entitled to a trademark registration for its yellow Cheerios’ box. This case is a good lesson for fashion brands to understand what evidence they will need to obtain a federal registration for a color mark.
General Mills applied to register the mark in connection with “toroidal-shaped, oat-based breakfast cereal.” Because color can never be inherently distinctive, a brand owner applying for trademark protection for a color must show that the color has acquired distinctiveness, meaning consumers have come to recognize it as a source indicator for that brand. See Wal-Mart Stores, Inc. v. Samara Bros., 529 U.S. 205, 212 (2000). In other words, when a consumer sees a yellow cereal box, the consumer immediately associates General Mills as the source of the cereal. Some classic examples of color marks are
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10-20-2017
Denise Mirandah, Mirandah Asia, Singapore
Sharifah Alsri, Mirandah Asia, Singapore
First published on www.mirandah.com


Myanmar Presents New Trademark Bill


Denise Mirandah, Mirandah Asia, Singapore, Sharifah Alsri, Mirandah Asia, Singapore, First published on www.mirandah.comMyanmar has yet to produce its own specific legislation on trademarks. As a member of the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), the nation is expected to deliver its IP laws in the near future to provide protection for trademarks, copyright, patents, and other intellectual property.
From August 8-10, 2017, the draft of Myanmar’s Trade Mark Law has recently been published in newspapers for public comment. The bill is now being reviewed by the concerned Draft Law Committee of the Parliament – its approval is expected by the end of this year. When the Trade Mark Law comes into force, Myanmar’s IP regime may finally become a smooth and formal system of registration for IP rights. This article serves to provide an overview of the existing system of trademark registration procedures, and the proposed new Trademark Bill.
In the absence of any statutory rights, there are no formal laws of what is deemed registrable other than the definitions of trademarks provided in the Penal Code of Myanmar and the Private Industrial
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10-05-2017
Say Sujintaya, Chansin Tangburanakij and Montira Sakulsuwan, Baker McKenzie, Thailand
First published on www.bakermckenzie.com


Thailand Opens the Door to Sound Marks


Say Sujintaya, Chansin Tangburanakij and Montira Sakulsuwan, Baker McKenzie, Thailand, First published on www.bakermckenzie.comThe new Trademark Act, Trademark Act (No. 3) B.E. 2559 (2016) (the “Trademark Act”), which came into effect on 28 July 2016 introduced registration for sound marks, something which was not covered in prior versions of the Trademark Act. However, it was not until Ministerial Regulation No. 5 B.E. 2560 (A.D. 2017) (the “Ministerial Regulation”) was issued on 1 September 2017 that it became possible to file applications for sound marks in Thailand.

Pursuant to Clause 11 bis of the Ministerial Regulation, a sound mark applicant must include a clear description together with a clear audio recording of the sound mark. In addition, the applicant may also submit musical notation, sonograph or other graphical representation along with the application in order to illustrate the sound. However, in practice, the Trademark office is only accepting flash drives containing audio files of sound marks saved in MP3 or other format. The application form requires the applicant to indicate whether the sound mark is a human sound, an animal sound, music/musical sound or
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09-20-2017
Patrick Cantrill, Rose Smalley and Rachel Hearson, Bond Dickinson LLP, United Kingdom
First published on www.bonddickinson.com


European Commission publishes principles for the dialog...


Patrick Cantrill, Rose Smalley and Rachel Hearson, Bond Dickinson LLP, United Kingdom, First published on www.bonddickinson.comThe European Commission (EC) has published its principles for the dialogue on intellectual property rights in the Brexit negotiations, the first time the EC has commented on its position since the Referendum.
The publication brings positive news for owners of what are called "Intellectual property rights having unitary character within the Union", applicants for supplemental protection certificates, and companies, businesses and individuals who rely upon the exhaustion of rights in the EU as part of their trading operations. However, the reciprocity required to achieve the aims underpinned by these principles may be unrealistic, given the apparent motivations of the UK for leaving the EU, and there are concerns that, to date, little consideration has been given the practical implementation of these arrangements, and the administrative burden facing the UK and EU intellectual property offices.
The principles provide guidance on the treatment of registered unitary intellectual property rights, as well as on pending
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09-19-2017
Katherine Van Deusen Hely, Caribbean IP, USA
First published on www.Caribbean-IP.com
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Cayman Islands: Review of New Transitional Provisions


Katherine Van Deusen Hely, Caribbean IP, USA, First published on www.Caribbean-IP.comThe Cabinet of the Cayman Islands issued the Trade Marks (Transitional Provisions) Regulations, 2017 (the “Transitional Provisions”). The Trade Marks Law, 2016 (the “2016 Law”) was passed in November of last year and went into effect on August 1, 2017. The Cabinet issued all other relevant regulations when it established the effective date of the 2016 Law in May 2017. However, the Cabinet only released the Transitional Provisions on July 28, 2017, leaving mark owners with only one business day in the interim between publication and  read more

09-05-2017
Gladys Echegaray, OMC Abogados & Consultores, Peru

Peru: Comments to the Regulation of Legislative Decree ...


Gladys Echegaray, OMC Abogados & Consultores, PeruDoes ‘The Regulation of Legislative Decree 1075’ really bring a significant change in the paperwork and procedures for distinctive signs?
On May 29th of 2017, the Supreme Decree No. 059-2017 was published in the Official Gazette “El Peruano” whose purpose is to complement what was established in Legislative Decree 1075. Among other modifications, this rule contains changes regarding the processing of applications, as well as the procedure in the precautionary measures in case of infringements of
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07-25-2017
Gabriella S. Paglieri, Carlton Fields, USA
First published on WTR Daily, part of World Trademark Review, in June 2017


GOOGLE Trademark Has Not Become Generic


Gabriella S. Paglieri, Carlton Fields, USA, First published on WTR Daily, part of World Trademark Review, in June 2017In Elliott v Google, Inc, 15-15809, 2012 WL 2112311 (May 16 2017) the Ninth Circuit upheld a district court’s decision not to cancel the GOOGLE trademark, rejecting a claim that it had become generic.
The plaintiffs were two businessmen who had purchased 763 domain names that included the term ‘google’ accompanied by a specific search term such as ‘googlebarackobama.net’. Google obtained ownership of the domain names through an administrative action, claiming that the
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Caribbean IP – Katherine Van Deusen Hely, P.L.L.C. is an IP law firm focusing on trademark and other IP services across 24 Caribbean jurisdictions. The firm prides itself on handling trademark searches, registrations, renewals, recordals, oppositions and enforcement matters in a time- and cost-efficient manner. Before founding Caribbean IP in 2014, Katherine worked closely with her cousin, George C. J. Moore. After his passing in 2013, she continued his Caribbean practice as the sole attorney point-of-contact for the firm, working with numerous Fortune 500 companies and clients around the world. Katherine has experience handling all aspects of trademark practice in the English- and Dutch-speaking Caribbean.

Katherine obtained a Legal Education Certificate from the Eugene Dupuch Law School in The Bahamas and a law degree from Vanderbilt University. She is a member of the Florida Bar and an active member of the International Trademark Association, serving on the INTA Bulletin Committee (Latin America and Caribbean Subcommittee) since 2013. She regularly writes articles on trademark law developments in the Caribbean.