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Tag Archives: non-traditional marks

Benelux trademark law now in line with EU Trade Marks Directive

Today, the amended Benelux-Convention on Intellectual Property (“BCIP”) will enter into force, bringing Benelux trademark law in line with the European Trade Marks Directive. We have summarized the most important changes below. New possibilities for non-conventional marks One of the most important changes to the BCIP is the deletion of the requirement of graphical representation,

US: Hogan Lovells at McCarthy Institute Symposium 2019 – NYU, 1 February 2019

 Trademark Law and Its Challenges: We are delighted to be sponsoring and speaking at the 10th annual McCarthy Institute Symposium which will be hosted by NYU Law and cover a range of thought provoking topics intersecting trademark issues, consumer behavior, and marketing. Industry-leading practitioners and scholars will present original research, including case law updates, and

Mexico – Trademark law reform enters into force

On August 10, the Mexican Trademark Law Reform came into force. As reported in our previous posts, the Trademark Reform brings a range of largely positive changes for brand owners, including: protection of “non-traditional marks”, namely holographic signs, sound and smell marks mandatory acceptance of consent letters and coexistence agreements refusals on descriptiveness/lack of distinctiveness may

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,

On your mark… Global Trademark Benchmarking Survey 2016

Last year’s survey revealed several trends and key findings, including: that U.S. and European companies spend twice as much of their trademark budget on enforcement than those in Asia. With your help, we will be preparing our analysis of this year’s market trends and will be happy to share the final report with any respondents

Movement in Hong Kong – First movement mark accepted for registration

The Trade Marks Registry has recently accepted a movement mark for registration in Hong Kong. Subject to any opposition being filed, we will see Hong Kong’s first registration for a movement mark in May 2016[1]. This will be the first registration for a movement mark since the Hong Kong Intellectual Property Department published a new

Japan: JPO registers non-traditional TMs for first time

The Japanese Patent Office (JPO) announced on 27 October that it has issued its first-ever registration decisions for non-traditional trademarks. Among the accepted publications are 21 cases for sound marks, 16 for moving marks and 5 for position marks.  The JPO has not yet issued any decisions regarding color marks, for which secondary meaning must be established

A welcome addition: Japanese government introduces non-traditional marks into registration system

From 1 April 2015, applicants can start to file applications in Japan for so-called “non-traditional” trademarks such as colour marks and sound marks. Our overview of the recently published examination guidelines for such non-traditional trademark applications has identified the following highlights. How to identify a colour trademark in the application A mark can be registered