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Growing economic strength and a commitmentto increased harmonization at the IP level makethe ASEAN region an interesting proposition forrights holders. However, there are still manyissues to resolve
As the US Patent and Trademark Office continues toscrutinize US trademark applications and registrationsfor fraud, it is becoming clear that practitioners needto re-examine best practices and strategies for thesuccessful protection and enforcement of trademarksin the United States
Technology is racing ahead,but some brand owners andcommentators in the UnitedStates are worried thatpractitioners and judges arefailing to keep pace
Various decisions from courts in EU member states haveadded to the confusion surrounding the legality ofseizing and detaining goods in transit at the EU borders
The ASEAN Intellectual Property Association wasestablished with the aim of providing a means forASEAN governments to enhance IP cooperationbetween member countries. It has had many successesto date and is hoping to establish a regional ASEANtrademark registration system, similar to the CTM inthe European Union
Whether signing a coexistence agreement is a goodidea and what problems are likely to arise are two ofthe many aspects that owners of identical marksshould consider
The African continent is the second most populous inthe world and thus a significant potential market.Recent developments mean that trademark ownersshould make plans both to develop their brands’presence and to protect their rights in Africa
Country correspondent
Although China is a civil law country,unregistered trademarks may be protectedas prior rights under the Trademark Lawand the Anti-unfair Competition Law
Unregistered trademarks are protectedunder Romanian law if they arerecognized as well known. Othercommercial signs, such as trade namesand company logos, enjoy some level ofprotection under trademark and unfaircompetition law
India allows a rights holder to enforce amark on the basis of registration, useand reputation. Many remedies areavailable to the owners of unregisteredtrademarks
Commercial signs such as trade names,well-known unregistered marks anddomain names enjoy some protectionunder either the Benelux Convention onIntellectual Property or national laws ofBenelux member states
Unregistered trademarks are protectable inGermany as long as they function astrademarks and have acquired a reputationthrough use. Other commercial signs mayalso be protected, with the distinctivenessrequirements varying depending on thetype of right sought
The Italian legal system grants protectionto various unregistered signs, but inpractice protection is limited by the heavyburden of proof imposed on the ownersof such signs and the somewhatunpredictable application of the law bythe courts
Unregistered trademarks, trade names andother business signs are protected inCanada under the common law action ofpassing off. Although this grantsunregistered rights extensive protection,passing off carries a heavy burden of proof
Trademark and commercial nameprotection in the United States ismultifaceted and extends to alltrademarks, commercial signs, tradenames and trade dress/get-up acquired ingood faith whether registered or not.
While trade dress rights may be enforcedagainst third parties under unfaircompetition provisions, the scope ofprotection afforded to most unregisteredrights is limited to serving as a defenceagainst claims made by a later registrantof a similar or identical mark
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Customs protection in China is improvingyear on year. Nonetheless, manychallenges remain and IP rights ownersmust do more to assist the authorities intheir endless fight against counterfeiters
Brands have often been marginalized infavour of tangible assets in the context ofcorporate transactions. Increasingly,though, companies and practitioners arerecognizing the importance of brands.
The ‘.ar’ domain space is expanding.A new ‘.tur.ar’ extension has beenlaunched for selected travel agencies andmultilingual domain names will beintroduced later this year.
