WTR 09

WTR 09

WTR 09

The end of an era

The UK trademark examination process will change
dramatically next month when relative grounds are no
longer considered by the registry

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Country correspondent

Domain name management

Registration of domain names in the ‘.mx’ country-code top-level domain is rapidly gaining in popularity.Parties looking to register domain names or defend their interests in Mexico need to look carefully at theIP assets they hold and be aware of additional types of protection that may be available

Domain name management

The management and regulation of ‘.au’ domain names are subject to a number of peculiarities that arecommonly misunderstood. Among other things, there are strict eligibility requirements, prohibitions onsale and limitations on transfer to take into consideration. Key differences between the policy governing ‘.au’domain name disputes and that used for generic top-level domains also exist

Domain name management

With the emergence of new practices such as domain name tasting, brand owners must reinforce theirprogrammes for procuring, administering and monitoring domain name registrations. Such measures arean essential counterpart of any thorough brand protection regime

Domain name management

With over 2.4 million ‘.eu’ domain names registered since its launch a year ago, the ‘.eu’ domain is certainlyproving popular. Despite early teething problems the sunrise periods gave rights holders the opportunity toregister their key domain names. The alternative dispute resolution procedure established provides a furthermechanism through which rights holders can enforce their IP rights

Domain name management

The management of domain names in Germany, as in all other jurisdictions, requires careful planning anda detailed knowledge of the peculiarities of the domain name registration and protection systems. Notably,alternative dispute resolution does not exist in Germany; however, the use of court procedures can quicklystop cybersquatters in their tracks

Domain name management

In order to ensure efficient domain name management in the jurisdictions making up Benelux, mark ownersmust take into account both general rules and the specifics of local case law

Features

Guardians of the Community trademark

As the default courts for EU-wide Communitytrademark and Community design disputes betweennon-European parties, the courts in Alicante are ofcrucial importance to mark owners outside theEuropean Union. In the time since their creation in2004, they have been busy clarifying their level ofjurisdiction and their functions

OHIM: A work in progress

Earlier this year OHIM published the results of itssecond user satisfaction survey. The findings showthat while progress has been made, there is still somework to be done

An enduring trademark legacy

The success of E&J Gallo Winery has not only made afamily name famous around the world, but has alsotested how well a personal commitment to the valueof trademarks can translate into a brand strategy

Famous marks doctrine does not curry favour with US court

In March this year the US Court of Appeals for theSecond Circuit issued a decision which challengesthe understanding that the 'famous marks' doctrineis applicable in the United States

Loved but underused

Community designs are powerful and flexible rightsthat should be part of most IP owners’ portfolio.However, while technically a success, they have notattracted as much interest as could have been expected

Laying the ground for an IP hub

Singapore is making progress towards becoming aregional IP hub by amending its already maturetrademark law

Columns

Brands from the frontlineDevising a corporate trademark philosophy

Ensuring that all employees understandthe importance of trademarks to thebusiness should be part of everycompany's brand protection strategy

Counterfeiting perspectivesThe case for a united approach to enforcement

The European approach to enforcing rightsagainst counterfeiters has so far beencharacterized by a lack of cohesion, withnational courts too quick to apply localrules. Greater use of the option to refermatters of EU law to the European Court ofJustice will help to develop unified tacticsin the fight against counterfeiting

Trademark managementProduct quality and trademark licensing in China

A growing number of foreign trademarkowners are seeking trademark licensingopportunities in China to exploit thecommercial value of their marks.However, they often overlook the issue ofquality control

The view onlineThe keyword advertising dilemma: an attempt at state regulation

As the federal courts are split over thelegality of keyword advertising, one statehas passed a law banning such practice.But the statute’s constitutionality andenforceability are questionable

News

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Roundtable

Different but the same

With a large, relatively wealthy population, the United Kingdom is aEuropean jurisdiction that no trademark owner can afford to ignore

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