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Category Archives: Trademarks

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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

ICANN in California – 2018 McCarthy Symposium review

We are delighted to have sponsored the eighth annual McCarthy Institute Trademark Symposium on February 23 in Sunnyvale, California. The one-day event, titled “Trademark Law and Its Challenges 2018” brought together over 200 brand owners, trademark attorneys and public policymakers to face off on today’s most pressing issues in trademark law. With speakers from Amazon, Google, Microsoft, PepsiCo and Pinterest the

Europe – General Court: Bad faith’s link to likelihood of confusion

(Case analysis: T-687/16 – Koton Mağazacilik Tekstil Sanayi ve Ticaret AŞ v EUIPO / Joaquín Nadal Esteban) Successfully proving bad faith in a cancellation action can be a challenge. An additional hurdle can arise if the mark allegedly applied for in bad faith covers dissimilar goods or services. The General Court (GC) confirmed that bad faith must

Total Brand Care Q&A – Product labeling and packaging in Europe

Hogan Lovells Total Brand Care is our firmwide holistic approach to creating, commercializing and protecting our clients’ most valuable asset – their brands. Creative product labeling and packaging can help promote and add value to a brand but if pushed too far over the legal line then there may be resulting claims, regulatory investigations and

Europe: The General Court agrees – it’s genuine!

Judgment of 17 January 2018 in Case T-68/16 Deichmann v EUIPO – Munich The General Court (GC) upheld the Board of Appeal’s (BoA) finding that evidence showing minor differences in a cross device nevertheless clearly constitutes genuine use of the cross device as registered. What happened at EUIPO? Deichmann filed a revocation action (based on

IP Newsletter- French language / Français

Our Paris team is delighted to provide IP news and updates in French language. The latest edition, #17 from January 2018 can be accessed at the link below. Lettre d’actualité IPMT – Français (French language)

IPunkt – German language (Deutsch) IP newsletter

Our German network is delighted to provide IP news and updates in German language. Please click the link below to read the latest IPunkt edition. IPunkt – Deutsch (German language) German language IP news is also regularly published on our cross-practice DE blog

Starbucks rocks for first time in Luxembourg

Judgment of the General Court, 16 January 2018 in case T-398/16, Starbucks Corp. vs EUIPO* In 2014, Starbucks opposed the below EUTM application seeking protection for “services for providing drinks“, services for which Starbucks is famous throughout the EU.   Starbucks relied both on the existence of a likelihood of confusion (Article 8(1)(b) EUTMR) and the fact that