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Jul 24, 2018
Jeffrey M. Kaden, Gottlieb, Rackman & Reisman, USA
First publised on

The Sweet Smell of PLAY-DOH Is Now a Trademark

Jeffrey M. Kaden, Gottlieb, Rackman & Reisman, USA, First publised on www.grr.comOn May 18 of this year, the U.S. Patent and Trademark Office issued a federal trademark registration for Hasbro’s trademark application in connection with PLAY-DOH’s “sweet, slightly musky, vanilla fragrance, with slight overtones of cherry, combined with the smell of a salted, wheat-based dough.” It is a scent that, to many, brings back fond childhood memories. So how was Hasbro able to obtain a trademark for the PLAY-DOH scent, ostensibly giving it the legal right to prevent others from creating confusingly similar scents for similar  read more

Jul 23, 2018
Laura Pedemonte, Barzanò & Zanardo, Italy
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Italy – Parallel imports of medical devices: a landmark...

Laura Pedemonte, Barzanò & Zanardo, ItalyAlthough there is plenty of case law from both the European Court of Justice (ECJ) and the EU national Courts on the parallel import of drugs, very few decisions exist regarding the parallel import of medical devices. The Court of Milan recently issued a landmark ruling in a case relating to the parallel import of home-self monitoring medical devices whose repackaging was challenged by the trade mark holder. The multinational Johnson & Johnson has been marketing in Italy a glucose home-control device in packages containing either 25 or 100 strips under the  read more

Jul 22, 2018
Anisa Rrumbullaku, CR Partners, Albania
Tea Take, CR Partners, Albania
First published on

New Regulation on Trademarks Registration in Albania

Anisa Rrumbullaku, CR Partners, Albania, Tea Take, CR Partners, Albania, First published on www.crpartners.alRecently, the Council of Ministers approved the Regulation “On Trademarks” via decision no. 315 as of 31.05.2018, aiming to regulate certain issues provided by the law “On Industrial Property” regarding trademarks procedures followed by the General Directory of Industrial Property. This Regulation repeals the previous one of 2008, is much more detailed in scope and provides guidance on matters that were not previously regulated.
For the first time, the regulation classifies trademarks in 7 categories: word trademarks, figurative/logo trademarks, shape trademarks, position trademarks, trademarks with repetitive elements, color trademarks and other trademarks which do not fall under any of the abovementioned categories. Furthermore, the regulation also provides collective marks, used by more than one person and certification marks which assure that certain products falling under a certain trademark, meet certain standards. Additional the regulation introduces detailed rules on trademarks’ application and registration procedures on each
 read more

Jul 22, 2018
Marietta Flores, OMC Abogados & Consultores, Peru

The Fanciful Marks

Marietta Flores, OMC Abogados & Consultores, PeruIn doctrine there are various classifications of trademarks that are based on different criteria, some classifications can be given according to the good that the marks distinguish in the market, according to their structure, according to their conceptual content, according to the degree of knowledge they have in the market, among other. We will go on to expose only the one that refers to the conceptual content for the purpose of this work. According to the conceptual content or approach to the product, the trademarks are classified into  read more

Jun 28, 2018
Dale Healy, Nicky Garnett and Kareema Shaik, Adams & Adams, South Africa
First published on

New Namibia Industrial Property Act imminent

Dale Healy, Nicky Garnett and Kareema Shaik, Adams & Adams, South Africa, First published on www.adamsadams.comAfter years of anticipation, the Industrial Property Regulations were published in the Namibian Government Gazette on 1 June 2018. The effect of the publication is that the new Industrial Property Act No. 1 of 2012 will come into operation on 1 August 2018. The Act repeals, amongst other legislation, the Trade Marks in South West Africa Act dating back to 1973 and introduces new legislation for patents, industrial designs, trade marks and trade names. Copyright protection is still mainly governed separately under the existing Copyright and Neighbouring Rights Protection Act 6 of 1994.
Insofar as trade marks are concerned, some of the noteworthy introductions include new requirements for assignments and provisions relating to restorations, alterations/amendments, joint ownership, licence contracts and registered users. No provision is made in the new Act for defensive trade mark registrations, although existing registrations will remain valid. The Act also makes it possible to register collective marks, whereas previously only
 read more

Jun 28, 2018
Kelly Sánchez, OMC Abogados & Consultores, Peru

Trademark cancellation for lack of use, a strategy not ...

Kelly Sánchez, OMC Abogados & Consultores, PeruThe use of the trademark is the main obligation acquired by the owner, something that is not necessarily fulfilled, especially when the Peruvian Trademark Law, in contrast with the Anglo-Saxon Law, its constitute and obey to the principle of the registration, which means that it is not require that the trademark be in use in order to earn the registration, allowing the economic agents to get the registration of trademarks that have never been or will never be use or will only have a temporary use. For this reason, in many legislations of the world is  read more

Jun 14, 2018
Frouke Hekker, Novagraaf Nederland BV, The Netherlands
First published on

EU General Court finds EW and WE to be not confusingly ...

Frouke Hekker, Novagraaf Nederland BV, The Netherlands, First published on www.novagraaf.comThe holder of the European trademark WE sought to prevent the registration of a figurative mark for the word EW, on the grounds that the marks were confusing similar, due to visual and phonetic similarities, as well as the similarities between the respective goods for which protection is sought. Both trademarks covered similar fashion-related products. EUIPO’s Opposition Division and later its Board of Appeal agreed; however, in its judgment of 4 May, the EU’s General Court annulled the EUIPO decisions. Likelihood of confusion is a key criteria when assessing the similarity of trademarks. To establish  read more

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20121 Milan
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Tel +39 02 626131
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All Barzanò & Zanardo attorneys are prepared to deal with any complex problem relating to their specific Intellectual Property expertise through both in-house training and specialized publicly available courses, designed and aimed at achieving their full preparation and official graduation in Italian and European level.

Our patent attorneys are trained to offer advice in all traditional technical fields as well as in those of the most recently developed technologies, from mechanics to electronics, from chemistry to biotechnology, from the topography of semiconductor to plant variety, for filing and enforcing patents in Italy and everywhere abroad.

Among the tasks carried out by our patent attorneys, besides the assistance to the clients in the enforcement of their patents, there are the technical expertise as experts independently appointed by Italian Courts in patent judicial disputes (full scale law-suits and injunction proceedings). Our patent attorneys further interact with the attorneys of the legal department, as far as the licenses and technology transfers are concerned.

The legal department is involved by legacy in the protection of marks, company names and logos, domain names, in addition to Copyright and software. Therefore rather important is the activity of availability searches with its related advices and the subsequent phase of registration for trademarks and domain names carried out both domestically and in any given foreign Country.

B&Z also carries out the activity of due diligence as a supplement to the acquisition and/or incorporation of companies.