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Alerts

European Union: A Trademark Puzzle for the Ages – RUBIK’s Cube 3D Trademark Invalidated

February 27, 2020

By Sahil Yadav

The EU General Court recently confirmed the European Union Intellectual Property Office (EUIPO)’s decision to invalidate the trademark registration of the well-known and popular Rubik’s Cube pursuant to a decision by the Court of Justice of the European Union (“ECJ”) that it was not registrable as a trademark under Article 7(1)(e)(ii) because the shape of the mark involves a technical function.More

China: Use in OEM Manufacturing Could Give Rise to Trademark Infringement

February 27, 2020

By Janet L. Hoffman

Honda Motor Co., Ltd. v. Chongqing Hengsheng Xintai Trading Co., Ltd. et al. (Sup. People’s Ct., Civil Retrial Judgment (2019) No. 138, September 23, 2019)

We remind our clients of an important decision issued in September 2019,More

U.S. Copyright Office: Renewal of DMCA Designated Agent Required for DMCA Safe Harbor

February 27, 2020

By Michael J. Antonucci

As of December 1, 2019, it became necessary for online service providers to renew their DMCA agent designation with the U.S. Copyright Office in order to avail themselves of the protections offered by the DMCA Safe Harbor.

A.     More

USPTO Revises Email Address Requirement for Trademark Owners

February 14, 2020

By Allison Strickland Ricketts

The USPTO reversed itself on defining what will be considered an acceptable email address for the trademark owner. In revised guidance issued on February 14, 2020 – one day before the February 15 implementation date of the new rule – it announced that trademark applicants and registrants may provide an “email address of their choice,” so long as it is not identical to the email address provided for the attorney who is listed in the application or registration.More

Revised USPTO Requirement for Email Addresses of Trademark Owners

February 14, 2020

The USPTO has reversed itself on defining what will be considered an acceptable email address for the trademark owner. In revised guidance issued on February 14, 2020 – one day before the February 15 implementation date of the new rule – it announced that trademark applicants and registrants may provide an “email address of their choice,” so long as it is not identical to the email address provided for the attorney who is listed in the application or registration.More

TTAB: Doctrine of Foreign Equivalents Not Applicable to Personal Names

December 19, 2019

By Michael J. Antonucci

Ricardo Media Inc. v. Inventive Software LLC, 2019 USPQ2d 311355 (T.T.A.B. 2019)

In a recent precedential opinion, the Trademark Trial and Appeal Board (“TTAB”) declined to apply the Doctrine of Foreign Equivalents to recognizable personal names,More

WIPO: 2020 Version of 11th Edition of Nice Classification

December 19, 2019

By Karen Lim

The 2020 version of the eleventh edition of the International Classification of Goods and Services (“Nice Classification”) will enter into force on January 1, 2020.  The International Bureau of WIPO will apply the 2020 version to: (i) any application for international registration that is received by the Office of origin on or after January 1,More

Turkmenistan: New Trademark Law

December 19, 2019

By Janet L. Hoffman

A new Law on Trademarks came into force on June 19, 2019 in Turkmenistan.  The most salient features of the new law are noted below:

  1. Definition of Trademark: The definition of “trademark” has been expanded to include “verbal,
  2. More

Myanmar: Soft Launch of New Electronic Filing System

December 19, 2019

By Sahil Yadav

Myanmar’s new trademark law is now ripe for implementation. The Myanmar Department of Intellectual Property (MDIP)’s new electronic filing system is expected to see a “soft” launch on December 20, 2019 (although this date may be delayed) during which only trademark owners holding declarations of ownership for trademarks under the old law may apply to register these trademarks under the new law.More

Malaysia: Accession to Madrid Protocol; New Trademark Laws

December 19, 2019

By Alejandra Camacho Luna

On September 27, 2019, Malaysia acceded to the Madrid Protocol as the 106th member of the Madrid System. Malaysia’s accession follows from its obligations under the ASEAN Economic Community and commitment to the ASEAN Blueprint 2025. The Madrid Protocol will enter into force in Malaysia on December 27,More

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