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Category Archives: Trademarks

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AI: the future of your brand protection and enforcement strategy

…that’s the view of many of the respondents to our Brand Benchmarking 2018 survey. Over 200 brand owners of all shapes, sizes, industries and locations were surveyed on how they manage their trademark portfolios. Our analysis revealed that: 93% of respondents believe that artificial intelligence (AI) will have a positive influence: saving them time and money. Six of

UK Supreme Court holds rights-holders should bear the costs of web-blocking injunctions

The Supreme Court handed down its much anticipated judgment in Cartier International AG v British Telecommunications Plc today. The Judges held unanimously that rights-holders should bear the costs of implementing website-blocking injunctions. In doing so, the Supreme Court reversed the Court of Appeal majority judgment. Although the case concerned blocking sites selling counterfeits, the judgment

Total Brand Care Series: 12 June – Protecting and enhancing your brand’s value is much more than just a trade mark issue.

London: 12 June 2018, 08:30 – 18:30   Join us on 12 June for a seminar specifically designed to help you consider the diverse commercial and legal matters that impact positively and negatively on brand value and the overall success of your business. Topics will cover: Collecting, using and protecting customer data Protecting your brand

Covering up doesn’t get you off the hook – criminal liability for the import of counterfeit branded clothing

German Federal Court of Justice, ref. no. 5 StR 554/17 Counterfeiters typically make tremendous efforts to cover up their identity and the details of their actions. By doing so, they aim to both prevent trademark owners from bringing civil law claims as well as to avoid criminal prosecution through law enforcement authorities. The German Federal Court

EU: Mark your calendars, Benelux trademark law is changing

As of 1 June 2018, the Benelux Convention on Intellectual Property (“BCIP’) will be amended, giving the Benelux-Office for IP (“BOIP”) new authorities, and expanding the authority of the Benelux Court of Justice. We have summarized the most important changes below. Cancellation proceedings Cancellation proceedings of a Benelux trademark (either on absolute grounds, non usus

UK & EU Focus on non-traditional trade marks and overcoming the hurdles

Since its inception, the harmonised national EU trade mark legislation – and later the EUTM system – has opted for a flexible approach to non-traditional trade marks. In principle “any sign” capable of indicating origin may constitute a trade mark, resulting in several non-traditional marks being registered. These include colours, shapes, sounds, smells, patterns, holograms,

Our trademark lawyers speaking at 2018 INTA Annual Meeting

We are delighted to be sponsoring and speaking at the 140th INTA Annual Meeting, taking place on May 19-23 in Seattle, Washington. The event brings together 10,600 brand owners and IP professionals from over 150 countries to address new issues in trademark law and practice. Six of our trademark lawyers will represent the practice on

Total Brand Care: The benefits of a holistic approach to creating, commercializing, and protecting company brands

We understand that brands are the heart of a company’s value, reputation, and competitive advantage. Total Brand Care is our holistic approach to creating, commercializing, and protecting our client’s brands. Following our interview with partner Thomas Salomon on product labelling and packaging in Europe, this hoganlovells.com interview with Lloyd Parker, Office Managing Partner and head of our IPMT practice

China: Has the dust settled on OEM trademark infringement?

China’s SPC reaffirms that OEM does not infringe on Chinese trademarks In a recent landmark decision, the Supreme People’s Court (“SPC”) reversed the remarkable appeal decision in the Dongfeng trademark case about Original Equipment Manufacture (“OEM”). The SPC reiterates its view expressed in its November 2015 landmark ruling in the Pretul case, holding that branded

Trademarks 111: Our 2018 guide to the trademark application process around the world

For the 4th year running, our IP group offers this comparative guide which outlines the trademark application process in 111 countries around the world, broken down into regions, and covering areas such as Application, Examination, Opposition, Cancellation, and Renewal.   Click the link below to register for your free copy of the full guide.   Trademarks 111  

Mexico – Designs, Patents & GIs: IP Law amendments enter into force 13 April

On March 13, 2018, amendments to the “Ley de la Propiedad Industrial” (IP Law) were published in the Official Gazette of the Federation. These reforms will enter into force on April 13, 2018. The most notable points of these amendments, regarding industrial designs and patents, as well as denominations of origin and geographical indications, are:

Japan: Revisions to the Trademark Examination Manual

The Japan Patent Office (JPO) announced in March that some revisions would be made to the Trademark Examination Manual on 2 April, 2018. Main points of the revision are as follows: Changing the criteria for issuance of an office action relating to intention of use. Revision of the examination criteria for non-traditional trademarks (To make the

EUIPO’s “new” types of marks in practice: Any takers?

Since 2016, European trademark law has gone through its most substantial reform since the implementation of the (former) Community trademark system in 1996. One of the changes that took effect as of 1 October 2017 opened up the opportunity for trademark owners to obtain protection for new types of marks as these no longer require

UPDATE: UK Government comments on Draft EU Withdrawal Agreement

On 19 March the EU and the UK agreed the terms of a Brexit transition period ending on 31 December 2020. An updated colour-coded version of the EU’s Draft Withdrawal Agreement was published by the negotiators indicating which articles are provisionally agreed (highlighted in green), agreed from a policy perspective but subject to the drafting

Hogan Lovells IP scores 4 more at 2018 Managing IP Asia-Pacific Awards

March 21 – At the new format Managing IP Asia-Pacific Awards in Hong Kong, the Hogan Lovells IP practice has been awarded “Firm of the Year” in the following three categories, as well as for the new category of “Special Recognition” for innovation in IP.   China Copyright Foreign Firm of the Year Hong Kong

Have Christian Louboutin’s exclusive rights to red soles really been “kicked out” as some reports claim?

The long-awaited Advocate General’s second opinion in Louboutin (C 163/16) was delivered in February. In a nutshell, Christian Louboutin sued Van Haren Schoenen BV for trade mark infringement in the Netherlands of its Benelux trade mark shown below: Following Van Haren’s counterclaim that the above trade mark was invalid, the Dutch national court referred the

Hogan Lovells Expands IP Practice with Addition of Prominent Trademark Lawyer Julia Matheson

We are pleased to announce that leading trademark lawyer Julia Anne Matheson, who specializes both in portfolio management and disputes, has joined the firm as a partner in Washington, D.C. Matheson joins Hogan Lovells after nearly 24 years with the respected IP firm Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. “Julia is one of the

adidas victorious again in defending its rights to the Three Stripes

The General Court has once again upheld adidas’ oppositions against two copycat applications for two stripes positioned on a shoe. The two decisions issued on 1 March 2018 (in Cases T-629/16 and T-85/16) come as part of the long-standing trade mark dispute between adidas and Shoe Branding*. The cases involved Shoe Branding’s two applications for