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04-26-2017
William Giltinan, Carlton Fields, USA
C. Douglas McDonald Jr., Carlton Fields, USA
First published on www.mondaq.com


United States: USPTO Tightens Requirements For Commerci...


William Giltinan, Carlton Fields, USA, C. Douglas McDonald Jr., Carlton Fields, USA, First published on www.mondaq.comOn March 21, 2017, the USPTO implemented changes to its requirements for continued use of trademarks in commerce that will require some trademark owners to provide additional materials and documentation when they renew their registrations. Registrants need to be aware that they may be randomly selected for this program, and understand what will be required of them if they are selected. For a trademark to be federally registered, it must be used in commerce in the United States in connection with all of the goods and services recited in the application. To enforce this requirement, the Trademark Office requires that applicants provide specimens showing the mark being used in connection with actual goods or services. Prior to this recent change, the USPTO has required only one specimen of use in each International Class for which a trademark is registered. For example, if a company sells compact disks (CDs), CD recorders and related products, such as cables, all in International Class 9, the PTO previously  read more

04-12-2017
Simon Gapes, Griffith Hack, Australia
First published on www.griffithhack.com


Look who’s smiling – Crocodile International wins New Z...


Simon Gapes, Griffith Hack, Australia, First published on www.griffithhack.comThe New Zealand Supreme Court has recently issued a decision in the long running dispute between fashion brands Crocodile International Pte Ltd and Lacoste regarding whether a trade mark registration held by Lacoste dating from 1961 should be revoked for non-use. The decision is significant in that the court decided there is no discretion to retain trade marks not in use on the register (unless there are special circumstances) and provides clarity around what constitutes “use” of a trade mark. The case revolved around the registered trade mark  read more

04-12-2017
Aylin Şener, Orbis Vista IP & Law Group, Turkey

What Brings The New IP Law For Designs: Major Changes f...


Aylin Şener, Orbis Vista IP & Law Group, TurkeyThe submission of the description of the industrial design during the prosecution period becomes optional. The description of the designs is not anymore a mandatory requirement to be filed for prosecution purposes and the information provided in the description will not affect the scope of protection, if any. Further, TPO will carry a novelty examination for industrial design applications and designs which are not novel will be rejected ex-officio. Additional to that only visible parts of a complex product shall be protected if they meet novelty and individual character  read more

03-29-2017
Irma Cami, Petosevic, Albania
First published on www.petosevic.com


Albania Introduces Substantive Changes to Industrial Pr...


Irma Cami, Petosevic, Albania, First published on www.petosevic.comMultiple changes to the Albanian Industrial Property Law debated since August 2016 were recently approved by Law No.17/2017, which will enter into force on March 24, 2017. According to the IPO, the main goal of these changes is to further harmonize Albanian law with the EU acquis and to create an equal level of enforcement to that existing in the EU. This is due to obligations deriving from Article 73 of the Albania-EU Association and Stabilization Agreement, in force as of April 2009. However, IP professionals in Albania do not share the same opinion  read more

03-14-2017
Seema S. Mansoor, Vellani & Vellani, Pakistan
First published in the Intellectual Property Newsletter of the International Law Office – www.internationallawoffice.com
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Draft geographical indication bill published for review...


Seema S. Mansoor, Vellani & Vellani, Pakistan, First published in the Intellectual Property Newsletter of the International Law Office – www.internationallawoffice.comFollowing consultation with stakeholders, the Intellectual Property Organisation of Pakistan (IPO) prepared and published on its website the Draft Geographical Indication Protection Bill 2016, in accordance with the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS). The Trade Marks Ordinance 2001 provides for the registration of geographical indication marks under Section 82 of Collective Marks chapter and Section 83 of Certification Marks chapter (Paragraph 3 of the First and Second  read more

03-13-2017
Gökçe İzgi, Moroğlu Arseven, Turkey
Merve Nur Eltaş, Moroğlu Arseven, Turkey
First published on www.lexology.com


Turkey Rejects Trademark Application Involving the Euro...


Gökçe İzgi, Moroğlu Arseven, Turkey, Merve Nur Eltaş, Moroğlu Arseven, Turkey, First published on www.lexology.comThe Appeal Board (“Board”) of the Turkish Patent and Trademark Office (“TPTO”) recently upheld an appeal by the European Commission against a local trademark application involving the EU Emblem. The Board ultimately found the Emblem cannot be registered as a trademark, recognizing the European Commission’s genuine ownership right. Notably, the Board did not limit its examination to registerability in terms of Article 7(1)(g). Rather, it also considered bad faith and the likelihood of confusion. The Board also referred to the Emblem’s commercial value. In principle, using the European emblem or any of its elements is permitted, so long as such use is within rules set by the Council of Europe. Therefore, third parties can use a circle of twelve gold stars against a blue background, representing the union of the people of Europe, without obtaining any specific written consent. Third parties can use a circle of twelve gold stars against a blue background without obtaining any specific written consent, provided, the emblem or its  read more

02-22-2017
Frederick A. Spaeth, Partner, Dilworth IP, LLC, USA
First published on www.lexology.com


New USPTO Policy to Clear Dead Wood from the U.S. Trade...


Frederick A. Spaeth, Partner, Dilworth IP, LLC, USA, First published on www.lexology.comThe USPTO has expanded its practice of testing the veracity of post-registration Declarations of Use under a program intended to improve accuracy and integrity of the trademark register, under a new rule which is scheduled to go into effect March 21, 2017. The rule will formalize a small-scale trial program in effect since 2012. Under the new rule, the USPTO may respond to the filing of a Declaration of Use by requiring additional proof of use of the mark in connection with the goods/services identified in the registration. The additional proof may be provided in  read more


Vellani & Vellani



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148, 18th East Street, Phase I, Defence Officers' Housing Authority
75500 Karachi
Pakistan (PK)
Tel +92 21 3580 1000
Fax +92 21 3580 2120
khushnum.muncherji@vellani.com
www.vellani.com

Vellani & Vellani is a law firm based in Pakistan which continues a practice first established in 1937 under the name of Wali Mohammad Vellani & Co and carried on under various names including Fatehali W. Vellani & Co.

The firm specialises in providing expert legal service ranging from commercial matters including anti-trust matters, real estate, taxation (income tax, sales tax, customs, excise), joint ventures, mergers, acquisitions, delisting, winding up, spin off and divestments, projects involving the grant and exploitation of government concessions, the setting up and operation of manufacturing facilities, finance (syndicated loans, project finance, asset management, banking), credit facilities, licensing and transfer of technology, the grant of franchises, agencies and distributorships, the incorporation of companies, private, public and listed, the public floatation and listing of securities, tender offers for listed securities to intellectual property matters (trade marks, patent, copyrights, domain names, anti-counterfeiting, and other emerging IP Rights).

Additionally, the firm provides representation in courts upto the Supreme Court of Pakistan and other tribunals and arbitrators and experts.