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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The Supreme Court has issued Judicial Opinion 2011/18, which seeks to provide guidance to the Chinese courts in IP cases. Articles 18 to 23 of the opinion deal with trademark issues. Although these provisions should have a positive impact on the judicial protection of trademarks, Article 19, which concerns the similarity of trademarks, may have negative side effects.
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The National Office of Intellectual Property has issued a notification announcing that it would apply the 10th edition of the Nice Classification, instead of the 9th edition, to all trademark applications filed on or after January 1 2012. A Vietnamese translation of the 10th edition is being prepared by the office and will be published in the next few months.
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The Mexican Institute of Industrial Property has issued a ‘declaration of fame’ of a figurative trademark consisting of two bulls charging at each other with a circle in the background, which is owned by Red Bull. This declaration is part of Red Bull’s efforts to strengthen its marks, which started in 2010 with the declaration of fame of the RED BULL word mark.
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The Canadian Intellectual Property Office (CIPO) has announced that it will accept applications for the registration of trademarks consisting of sounds, with immediate effect. With a consultation period on the country’s trademark regulations currently open, future changes to the treatment of non-traditional marks could soon follow.
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Having been criticised in the past for not having a fully operational electronic database for Greek trademark applications and registrations, the Trademark Office has issued Decision K4-1209, which concerns the electronic filing of trademark applications.
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The UAE Trademarks Office is due to install the Industrial Property Automation System, which was developed by WIPO to assist national IP offices that wish to automate their processes. The UAE Trademarks Office issued a circular on February 26 2012 advising of an imminent suspension of work due to the implementation of the new software.
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The Ministry of Justice of Southern Sudan, which was established as a separate state in July last year, has issued written directives to officials at the Trademark Office setting out procedures for the reservation of marks. Trademark owners whose marks have previously been registered in Sudan should be taking steps to reserve their marks in Southern Sudan without delay.
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When the 10th edition of the Nice Classification entered into force on January 1 2012, Slovenia was among those countries which adopted it on the same day. SIPO will not reclassify ex officio earlier trademark applications or registrations under the new edition. However, it is still unclear whether applicants or trademark holders may voluntarily request the reclassification of their application or registration.
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The dispute over the Havana Club rum mark is one that reaches beyond trademark law into the realm of politics and international relations. It is perhaps not a surprise, then, that one of the parties is seeking review at Supreme Court level, with support from the French Republic. In a statement supplied to WTR, representatives of Cubaexport have stressed the implications of the case for trademark protection internationally.
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