Trademark
New trademark legislation determines the conditions for creative brands
By Angela Boman | Posted on October 20, 2017
As of 1 October 2017, new rules for registration of EU trademarks apply. One significant change is the abolishment of the requirement of graphic representation of EU trademarks. In an EU application, the trademark reproduction in any suitable form using publicly available technology will be accepted as long as the EU trademark can be reproduced...
Filed under: Insights
Tags: EU, graphical, IP, law, Legislation, Trademark, trademarks
Danish designer barred from using own name as trademark
By AWA | Posted on December 22, 2016
About a year ago the Danish Commercial and Maritime Court gave their decision in a case between Topbrands and the Danish designer Benedikte Utzon. You can read about it here. In short, the court found that Benedikte Utzon could no longer use her name as a trademark in any commercial activities within jewellery, leather goods...
Tags: awapatent, Trademark
The value of design patents
By Joacim Lydén | Posted on October 18, 2016
It is a perfectly clear, crisp morning as I make my way from Washington DC’s Union Station, through a clean and perfectly trimmed Senate Park, to the white neoclassical palace that houses the United States Supreme Court. The wide pavement and massive stairs leading to the building’s entrance is filled with journalists, photographers and television...
Filed under: Insights
Tags: awapatent, IP, Patent, Trademark, USA
Names as trademarks – maybe not such a good idea!
By AWA | Posted on December 17, 2015
In Denmark the owner of a trademark cannot prevent others from branding themselves under their own name, as long as it is done in accordance with good marketing practice. This means that as long as the use of your own name does not lead to confusion, it is possible to trade under this name. Therefore...
Tags: Trademark
New hope for trademark owners in China
By AWA | Posted on September 3, 2015
In China, the trademark system is based on the “first-to-file” system, which means that the first company or person to file owns the legal right to the trademark. There is no requirement for the intention to actually use the mark as we know it from a.o. the US system. Up until now the so called...
Tags: china, Chinese Trademark Review and Adjudication Board, Michael Bastian, TRAB, Trademark, Trademark Squatters
Counterfeit Goods in the EU – Troubling News but No Surprise
By AWA | Posted on August 14, 2012
On July 24, the European Commission published a press release concerning its report on seizure of counterfeit goods during 2011 in the EU (see the full report). It turns out that seizure of suspected counterfeit goods increased some 15 % compared to 2010. Top categories are medicines (24 %), packaging material (21 %) and cigarettes...
Tags: china, counterfeits, EU, Infringement, IP rights, Piracy, Trademark
Trademark Infringements in Social Networks
By AWA | Posted on August 18, 2011
Trademark Infringements in Social Networks Last year, in 2010, Facebook passed 500 million users. That’s more than the population of USA, Canada and Mexico put together. It is safe to say that Facebook and other social networks are very powerful and important tools of communication in many different aspects, affecting most things from your personal...
Tags: Infringement, Internet, Media, Social Networks, Trademark
Is use of a Community trademark in one of the EU member states sufficient?
By AWA | Posted on May 31, 2010
As is well known, a Community trademark (CTM) must be put into genuine use within five years of the registration date in order to maintain protection. When the Community trademark was launched in 1996, it was decided politically that use “in the Community” was satisfied by use in one member state. This decision was laid...
Trade Mark User Requirements Tightened Following US Supreme Court Ruling
By AWA | Posted on December 3, 2009
Following a key US Supreme Court ruling earlier this year we announced that the practice in regard to the fulfilment of the user requirements for trade marks has been tightened in the USA. Consequently, an entire trade mark registration can be cancelled if the owner can only prove use of trade mark for a part...
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