Features
While preliminary injunctions are meant to act as an emergency measure to preserve the status quo until a full trial, there are good reasons why many signal not only the start, but also the end of a trademark case
The bona fide use requirement in the Middle East and Africa differs significantly from that in the United States. We examine the different evidence that may be considered when challenging an applicant’s use in administrative or court proceedings
Skewed coverage of trademarks in the mainstream media is translating into public confusion at best and heightened hostility towards intellectual property at worst. We investigate the extent of the problem and consider what stakeholders can do to redress the balance
Most legal disputes involving intellectual property hinge on some degree of subjective human evaluation. Consequently, understanding the underlying principles of psychology and their application can be a powerful advantage
US trademark law contains robust remedies for brand owners looking to bring offshore infringers to justice. Although the process requires diligence, it is possible to use it to identify counterfeiters and even freeze and ultimately recover funds held in foreign accounts
In its reversal of a refusal to register THE SLANTS, the Federal Circuit has found unconstitutional the prohibition on disparaging marks. World Trademark Review compares reactions from corporate counsel, private practitioners and the applicant himself
The trademark patterns of R&D-driven innovators confirm the role of trademarks as a key intangible asset in the corporate strategies of innovative firms
While sub-licensing can generate additional revenue, increase name recognition and streamline manufacturing processes, a licensor should use the licence agreement to help carefully structure the rights and obligations of the parties to any future sub-licence agreements
The EU trademark law reform process was finally concluded at the end of 2015, with many of the changes that will affect Community trademarks due to come into force on March 23 2016. But what will the new regime mean for rights holders?
Despite the region’s reputation as a haven for counterfeiters, several Latin American countries are making significant strides in developing and using highly effective anti-counterfeiting tools
Specialised IP courts in Beijing, Shanghai and Guangzhou have been in session for over a year. They have already embarked on some of the boldest experiments in China’s recent judicial history
In-house legal teams of all sizes seek external providers which offer value, flexibility, competence and reliability. Service providers must offer individual, customised programmes not only to be responsive, but also to provide an unsurpassed level of personalised service
Columns
The government in India has finally given the green light to special courts for adjudicating commercial disputes, including IP disputes. While the new courts will charge higher fees, they should make it possible for cases to be heard much more swiftly
The Law Commission has published a bill that would reform the law on unjustified threats with regard to IP rights. In particular, it would extend current legal exceptions which have been carved out for patents to trademarks and designs
News
Country correspondent
The issue of sufficiency of evidence in trademark cases in China poses a number of issues for brand owners
In the United States, practitioners must navigate a range of challenges, starting with uncertainty over standards for obtaining injunctions
With trademark registrations valid for 10 years and many existing marks on the register, it can be challenging to find and register an original trademark
The increase in different media channels continues to present difficulties in clearing marks for use and steering a business on brand selection
Rights holders could find that using simple greeting terms may offend the rights of official mark holders
In Turkey, the bad-faith registration of well-known trademarks by third parties is a common problem
A challenge for trademark counsel in Europe is preparing for the upcoming trademark reform package
With a population of over 1 billion, India offers a billion opportunities to brand owners looking to invest. However, there are a number of unique hurdles to overcome
