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Aug 07, 2019
Jonathan Tonna and Antoine Camilleri, Mamo TCV, Malta
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New Maltese Opposition Procedure

Jonathan Tonna and Antoine Camilleri, Mamo TCV, MaltaIn December 2018 the Maltese Industrial Property Registrations Directorate (IPRD) transitioned from a long-standing system of ex officio examinations of new trademark applications for potential conflict with pre-existing marks to an opposition system, as required by Directive (EU) 2015/2436 approximating the laws of EU Member States relating to trademarks.
Under the ex officio procedure, the IPRD would run its own searches in the Maltese and EU trademark registers and raise objections to new applications whenever potential conflict with existing marks was identified. Applicants would then be given the opportunity to make their case before the IPRD if and when an objection was raised.
This system was scrapped shortly after the issuing of Legal Notice 343 of 2018 (“The Trademark Search and Opposition Rules”), whereby the new opposition procedure was introduced. The said law was issued by the Ministry for the Economy, Investment and Small Businesses in the run-up to the promulgation of Malta’s new Trademarks Act (Chapter 597 of the
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Aug 06, 2019
Axel Anderl and Alexandra Ciarnau, DORDA Rechtsanwälte GmbH, Austria
First published at

"BLACK FRIDAY" - Now Freely Usable for Promotions in Au...

Axel Anderl and Alexandra Ciarnau, DORDA Rechtsanwälte GmbH, Austria, First published at www.lexology.comBlack Friday is unquestionable one of the most profitable and busiest days of the year for the retail industry, particularly online. Worldwide almost all online stores offer sales or other promotions on Black Friday or Cyber Monday. However, after this practice has been established online, a trademark for "BLACK FRIDAY" was registered in Germany back in 2013.
In 2016, a Chinese company acquired the trademark and then filed for its extension to Austria in 2017. Based on the registered trademark, it granted exclusive rights to an Austrian company, which licensed usage rights to various partner stores against remuneration.
Further, an exclusive "Black Friday-Cooperation Program" was established. Non-partners who used the event name or trademark were prosecuted and requested to either pay a license fee or refrain from running Black Friday promotions. Some followed the request and entered into license agreements. Eventually some, however, did challenge the validity of the
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Aug 05, 2019
Marietta Flores, OMC Abogados & Consultores, Peru

The Three-dimensional Marks, why is it difficult for th...

Marietta Flores, OMC Abogados & Consultores, PeruThe three-dimensional marks are a type of marks, little known, used and applied for registration by companies in our country. They are perhaps not very requested not only in Peru but also in other countries, because in order to get to access the registry they need to go through several filters before succeeding, and this makes businessmen have no incentive to apply for this type of signs. As the name implies, three-dimensional marks are three-dimensional forms of the products, their packaging or wrappings that are distinguished from those of  read more

Jul 11, 2019
Simon Casinader, Senior Associate, K&L Gates LLP, United Kingdom
First published at

Three stripes and you’re out!” – The EU General Court r...

Simon Casinader, Senior Associate, K&L Gates LLP, United Kingdom, First published at www.iplawwatch.comOn 19 June 2019, the EU General decided a case about the validity of Adidas’ EU trade mark registration for three stripes. In the General Court’s decision, the Court upheld the invalidity of the mark on the basis that: (i) the mark wasn’t used consistently and evidence of reversed/amended versions of the mark was inadmissible; and (ii) Adidas failed to show acquired distinctiveness across the EU, providing admissible evidence for only five EU Member States. In 2013, Adidas applied for EU Trade Mark 12442166 with the  read more

Jul 10, 2019
Lee Lin Li and Chong Kah Yee, Tay & Partners, Malaysia
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Licensing and securitisation under the Trademarks Bill ...

Lee Lin Li and Chong Kah Yee, Tay & Partners, Malaysia, First published at www.lexology.comThe long awaited Trademarks Bill 2019 (“Bill”) which is modelled on the Trade Marks Act of the countries which have acceded to the Madrid Protocol introduces significant and substantial changes to the current Trade Marks Act 1976 including amendments to the law on assignment and licensing of trademarks. Essentially, it introduces a new concept of “registrable transaction”, replaces the current system of registered user with a licensing regime and recognises trademarks as personal and moveable property which may be the subject of a security interest.
The Bill introduces a new concept of “registrable transactions” which is defined as “transactions determined by the Registrar in the guidelines or practice directions”. It is noted that “registrable transactions” are not limited to transactions in relation to registered trademarks, but also cover dealings in relation to pending applications.
Although the Registrar has yet to issue any guidelines or practice directions as to what constitutes “registrable transactions”, it may be relevant to refer to the Singapore Trade Marks Act that provides a list of “registrable transactions” that include: (i) an assignment of a trademark or any right
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Jun 20, 2019
Åsa Krook, Lasse Laaksonen, Ben Rapinoja, Borenius Attorneys Ltd, Finland
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The New Finnish Trademarks Act entered into force on 1 ...

Åsa Krook, Lasse Laaksonen, Ben Rapinoja, Borenius Attorneys Ltd, Finland, First published at www.borenius.comThe new Finnish Trademarks Act entered into force on 1 May 2019. With the new act, Finland finally implements the revised EU Trademark Directive, enforces the Singapore Treaty on the Law of Trademarks and brings the present trademark regulation originating substantially from 1964 up to date. The reform also introduces amendments to the related legislation such as the Finnish Company Names Act, the Criminal Code and the relevant procedural acts. The current provisions concerning collective marks and control marks are included in the new Trademarks Act, and the current Act on Collective Marks is annulled.
The new act brings certain changes to the current application and renewal proceedings, such as mandatory online filing of trademark and renewal applications. The new act also introduces new classification rules and restricts the scope of protection for black and white figurative trademarks. Under the new act, black and white trademarks will not cover all colour variations but only the version in black and white. The requirement for
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Jun 20, 2019
Casper Hemelrijk, Novagraaf Nederland B.V., The Netherlands
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The Board of Appeal gives Red Bull back its wings

Casper Hemelrijk, Novagraaf Nederland B.V., The Netherlands, First published at www.novagraaf.comBack in October 2018, the General Court of the EU decided that energy drink Red Bull and alcoholic drink Flügel were not similar products, effectively limiting the scope of protection for trademark owners in the drinks sector. By calling on its reputation, Red Bull has found a way to fight back. In 2011 Red Bull filed an application for a declaration of invalidity of the EU wordmark FLÜGEL, which was registered by Asolo in class 33 (alcoholic drinks, except beers) and class 32 (beers and non-alcoholic drinks). Red Bull filed its  read more

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