Certain changes to the Polish Intellectual Property Law came into force on March 16, 2019. The most significant changes were in response to EU Directive 2015/2463 of the European Parliament and of the Counsel of December 16,More
European Union: CLINICAL TRIALS AS GENUINE TRADEMARK USE – TIMING IS EVERYTHING
Viridis Pharmaceutical v. EUIPO, Case No. C-668/17 (July 3, 2019)
Viridis Pharmaceutical Ltd.’s (Viridis) use of BOSWELAN in connection with clinical trials for a drug to treat multiple sclerosis was held to be insufficient evidence of genuine use to defeat a non-use cancellation action against its EUTM registration for pharmaceutical and healthcare products.More
European Union: LOUBOUTIN SUCCESSFULLY DEFENDS AGAINST CANCELLATION OF RED SOLE REGISTRATION
By Joseph A.R. Gerber
Christian Louboutin in May 2019 walked away unscathed from another challenge to his famous Red Sole trademark, this one before the Cancellation Division of the European Union Intellectual Property Office (“EUIPO”). Competitor Van Haren Schoenen (“Van Haren”) lodged a cancellation action against the iconic designer in an attempt to boot the Red Sole off the EU trademark registry.More
China: AMENDMENTS TO TRADEMARK LAW TAKE AIM AT BAD FAITH FILINGS
Earlier this year the Chinese legislature announced that it had approved amendments to the country’s trademark law, effective November 1, 2019. This round of amendments focuses on bad-faith trademark applications and those who file them.
Pursuant to the amendments,More
Argentina: AMENDMENTS TO TRADEMARK LAW
By Alejandra Camacho Luna
On May 27, 2019, the Argentine National Institute of Industrial Property (INAP) issued Resolution No. 123/2019, which introduces various amendments to the Argentinean Trademark Law. The amendments include new declaration of use requirements, modifications to renewal terms, time-extensions to respond to Office actions,More
U.S. Copyright Office: adidas AG Walks Away with a Victory
By Julia Belagorudsky
After a two-year battle with the U.S. Copyright Office, adidas AG finally secured a favorable decision from the Review Board of the U.S. Copyright Office on May 8, 2019. The decision greenlighted some of the design elements of the Yeezy 350 Boost Version 1 and Version 2 for copyright protection. More
Poland – Changes in Trademark Law
Certain changes to the Polish Intellectual Property Law came into force on March 16, 2019. The most significant changes were in response to EU Directive 2015/2463 of the European Parliament and of the Counsel of December 16,More
New USPTO Requirements for All Applicants/Registrants
By Allison Strickland Ricketts
1. All Applicants/Registrants — Domicile Information (required now)
The
USPTO now requires all applicants and registrants to provide their physical
street address in order to establish their “domicile.” The USPTO requires
domicile information even if the trademark owner is represented by counsel.More
Supreme Court: Iancu v. Brunetti
Prohibition of “Immoral or Scandalous” Marks Struck Down
Iancu v. Brunetti, 586 U.S.
___ (2019)
The United States Supreme Court struck down as unconstitutional the provision of Section 2(a) of the U.S.More
Canada: New Trademark Regime
The long-awaited new Canadian trademark regime came into force on June 17, 2019. In its final form, the most significant changes include the following:
Registration
- classification of goods and services based on the Nice Classification;
- a per-class fee structure