Country correspondent
Vietnam has developed substantive laws to fight the counterfeiting threat
While the border measures in Saudi Arabia have proven to be more effective than those in the United ArabEmirates, the UAE market agencies tend to produce more consistent results than their Saudi counterparts
Italy has two legislative tools which can serve as a useful alternative to civil protection in certain cases:criminal prosecution and border measures
While effective steps and remedies are available to rights holders in the United States, anti-counterfeitingsuccess requires vigilance and aggressive action
The Canadian government is stepping up efforts to halt infringing goods at the border
Dealing with counterfeiting in China is an uphill battle, but a strategic and well-thought-out action plan canhelp to alleviate stress and misunderstanding
Rights holders in Poland can protect their intellectual property through both civil and criminal proceedings
Mexican authorities should review not only the law, but also their interpretation of it in order to implementmore efficient anti-counterfeiting policies
India has a robust legal framework for combating counterfeiting and piracy. However, muchstill needs to be done to simplify enforcement procedures
News
A resolution passed by theInternet Corporation ofAssigned Names and Numbers(ICANN) New gTLD ProgrammeCommittee has effectivelykilled off Amazon’s applicationfor the ‘.amazon’ generic topleveldomain (gTLD), as well asthe related internationaliseddomain names in Japaneseand Chinese. The resolutionwas based on advice fromICANN’s Governmental AdvisoryCommittee (GAC).
In its 2013 Annual Report, theOffice for Harmonisation inthe Internal Market (OHIM) hasrevealed plans to extend the ‘fasttrack’ option – currently appliedto Community designs – toCommunity trademarks (CTMs).
In Haribo v Lindt & Sprüngli(Case 6 U 230/12) the CologneCourt of Appeal held that Lindt’sgold-foil wrapped chocolate beardid not infringe Haribo’s wordmark GOLDBÄREN (‘gold bears’).
Ireland is to become the firstcountry in the European Unionto introduce plain packaging fortobacco products.
Within the framework of theEuropean Trademark and DesignNetwork, OHIM and a number oftrademark offices in the EuropeanUnion have agreed on a commonpractice with regard to black andwhite (B&W) or greyscale marks,as compared with colouredversions of the same sign.
The decision of the GeneralCourt in Asos Plc v OHIM (CaseT-647/11) illustrates how difficultit is to demonstrate the peacefulco-existence of two marks in theEuropean Union.
Features
While smell marks are protectable under EUtrademark law, the requirement that signs be‘graphically representable’ has proved a seriousstumbling block to registration and one that isunlikely to be removed by the new proposedCommunity Trademark Regulation
The revised Trademark Law has now come intoforce. While the law succeeds in modernising theregistration process and strengthening enforcement,it simultaneously provides additional opportunitiesfor hijackers
Trademark counsel and branding experts oftenseem to be on opposite sides – yet their combinedknowledge and creative genius can providesignificant added value by helping to develop andbuild stronger, safer brands, if only they can learn towork together
Counterfeiting poses a real threat to companiesaround the world, but one that is not always clearlyunderstood. Brand owners need to define the natureof the threat, tailor a response and measure theirsuccess in order to secure sustained funding
World Trademark Review highlights the practicaltakeaways from the 2014 International TrademarkAssociation annual meeting
On May 13 2014, World Trademark Reviewannounced the winners of its eighth IndustryAwards at an exclusive ceremony at the historicHappy Valley Racecourse in Hong Kong. Theawards are designed to recognise the vital workcarried out by in-house trademark counsel,and identify the teams and individuals thatare performing their functions to the highestpossible standards. Over the following pageswe speak to the winners and explain why theywere judged to be leading examples of industrybest practice.
A recent UK decision demonstrates thatrepresentations of a design in an application forregistration can have a major impact on the scope ofprotection, especially when it comes to colour andsurface ornamentation
Most businesses know that trademarks are valuableassets; the challenge comes in quantifying that valueand using it as a springboard for growth. Trademarkvaluations supported by regular IP auditing could bethe answer
Columns
Trademark-related quotes, opinions andobservations from around the globe
The last thing that any responsibletrademark owner would want to do is tofund those infringing the intellectualproperty of others. But this may already begoing on right under your nose
The latest trademark amendments willfurther improve Russia’s trademark regime
Industry insight
