Law 20569, which amends the Chilean Industrial Property Law, has come into force. The aim of the amendments was to allow the implementation of the Trademark Law Treaty in the country. Among other things, under the new law, powers of attorneys for the administrative prosecution of industrial property matters no longer need to be notarised and legalised, unless the interested party requests it.
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In In re Strategic Partners Inc, in a precedential opinion, the TTAB has confirmed the benefit of owning a prior US registration for a substantially identical mark. Strategic Partners Inc was granted registration of its ANYWEAR mark, even though it was very similar to the cited mark ANYWEAR BY JOSIE NATORI, because it already had a previous registration for the highly similar ANYWEARS mark.
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In Hipp & Co KG v OHIM, the General Court has upheld a decision of the Second Board of Appeal of OHIM in which the latter had found that there was a likelihood of confusion between the trademarks BEBA and BEBIO, which both covered baby food. Rather surprisingly, instead of accepting that ‘beb’ was a reference to ‘baby’ or ‘bébé’, the court stated that Spanish consumers would associate ‘beb’ with the Spanish verb ‘beber’ (‘to drink’).
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The latest edition of World Trademark Review presents analysis of this year’s Global Trademark Benchmarking Survey. While there are a number of positives to take away from the findings, corporate awareness of trademarks remains a problem for many in-house teams.
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ICANN has confirmed that the April 30 gTLD reveal date has been postponed. While it has not provided a new timeframe, with the online application system likely to be down for another week, a mid-May date looks the best bet.
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The Specialised IP Division of the Court of Milan has issued a landmark decision concerning the protection in Italy of the Swiss PDO ‘Emmentaler’/’Emmental Svizzero’ (‘Swiss Emmentaler’). The court found that the denomination should be protected in Italy – even though it is not protected at the EU level – on the basis of the 1951 Stresa Convention.
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In Baltika Breweries v S&G Intertrade Ltd, the Israeli Trademark Office has upheld an opposition by the owner of the registered mark BALTIKA for beer against an application by a former distributor to register a device mark including the Russian word transcribed as ‘Baltiyskoe’ (meaning ‘Baltic’) for beer and soft drinks.
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In Tivo Inc v Vivo International Corporation Pty Ltd, the Federal Court has ordered that the registration of the VIVO mark be cancelled and that the mark be removed from the register. Among other things, the court found that, as of the filing date of the application for VIVO, extensive references to the TiVo products in Australian media and entertainment sources were such that the TIVO mark had acquired a reputation in Australia.
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While the trademark community continues to look at the issue of protection at the second level of new gTLDs, the latest industry research provides an insight into how defensive registrations are currently approached by brand owners – and how prevalent the cybersquatting problem actually is.
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The decision of the Federal Court in 1-800-Flowers.com Inc v Registrar of Trademarks demonstrates that the registrar has a broad power, under Section 38 of the Trademarks Act, to revoke the acceptance of an application. It also suggests that writing to the registrar in support of revoking acceptance of an application may be an effective tool for prospective opponents.
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