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Articles
08-18-2010Avv. Prof. Cesare GALLI (IP Law Galli, Milan, Italy)
First published on www.internationallawoffice.comNew rules on designations of origin and 'made in Italy'...
Italy is seeking to tackle the issue of the geographical origin of products with two new rules: one relating to designations of origin, the other to the use of the term 'made in Italy'.
The first rule is expected to be adopted soon as part of the revision of the Code of Industrial Property. The second rule has already been passed by Parliament (1) and will enter into force on October 1 2010. read more 08-16-2010Maite Ferrándiz (Grau & Angulo Abogados, Barcelona, Spain)
Jana Salvador (Grau & Angulo Abogados, Madrid, Spain)The Barcelona Court of Appeal recognizes the three-dime...
On 29 March 2009 the Barcelona Court of Appeal passed a judgement upholding the claims of FLAMAGAS, S.A. regarding the infringement of its three-dimensional trade mark, which consists of the shape of its lighter “CLIPPER” (trade mark nº 2012203, class 34), reproduced below:
The judgment rejects the invalidity allegation brought by the defendant EUROESTANCO Y EUROBEBIDAS, S.A. (EUROESTANCO) against said three-dimensional trade mark.
This judgement is interesting because, besides revising the ECJ case law regarding likelihood of confusion and unfair advantage of other trademarks´ reputation, it also deeply analyzes some of the grounds of refusal for not allowing a three-dimensional shape to be registered as a trade mark.
read more 08-12-2010Trina Ha (SAMUEL SEOW LAW CORPORATION, Singapore)Smiles all round for Colgate in toothpaste trademark ch...
How far can trademarks be used to protect the signs associated with a product?
It is no surprise to find that COLGATE is a trademark, or that the toothpaste manufacturer has also registered the rainbow-hued ellipse round the word 'total', part of the logo on Colgate's Total brand products. However, the registrability of a two-dimensional device representing a 'slug' of toothpaste with blue, green and white stripes is less clear.
read more 08-10-2010Xiang Gao (Peksung Intellectual Property Ltd, Beijing, China)
Show Company InfoNew regulations for registering domain names in China
Companies seeking to register .CN domain names should beware of the potential dangers.
China’s Internet Network Information Center (CNNIC), authorised by the Ministry of Industry and Information Technology of the People’s Republic of China (MIIT), has responsibility for operating and administering China’s domain name registry: the .CN country code top level domain (ccTLD) and the Chinese Domain Name (CDN) system. read more 07-09-2010Miriam Hölscher (S.M.D. Markeur, Germany)
Show Company InfoGerman Trademarks: Top Law Firms 2009
In 2008, 73,903 German trademark applications were filed at the German PTO, whereas in 2009, only 69,069 were filed. This is a decrease in filings of about 6.5 percent. Trademark filings are known to be pro-cyclical and the economic recession continued into 2009. With regard to the overall business climate trademark owners further postponed the introduction of new products and services. Only 8,364 of the German filings (12.1 percent) were conducted by the 50 most active law firms. This shows that the market for patent and trademark attorneys conducting German trademark filings is rather fragmented.
For the article, the top 200 law firms by number of German trademark applications in 2009 were examined as to their numbers of filings as well as registration percentages. This ranking refers to the top 50. read more 07-08-2010Dina Arndt (Moeller IP Advisors, Argentina)
Show Company InfoNew Trademark Law in Puerto Rico
A new trademark Law was enacted on December 16, 2009, by the Commonwealth of Puerto Rico, revoking the former TM Law of 1991.
The new Law, among other stipulations,
provides for the registration of Trademarks used or intended to be used in Puerto Rico.
Furthermore, the term after which a mark not in use is deemed abandoned changed from 5 years to 3 years. read more 07-06-2010Bill H. Zhang (China Sunbow & Associates, Shanghai, China)CHINA’S SUPREME PEOPLE’S COURT CLARIFIED CRITERION ON H...
On April 20, 2010, the China’s Supreme People’s Court (“Supreme Court”) issued an Opinion on Several Issues Relating to Hearing Administrative Cases Regarding Trademarks Granting and Ownership Determination (“Opinions”), which took into effect immediately. In the Opinion, the Supreme Court has clarified certain new criterion for hearing administrative cases involving trademark granting and ownership determination.... read more 07-06-2010C.H. Unnikrishnan (HT Media Ltd, Mumbai, India)
First published and copyright by www.livemint.comTrademarks section to move out of IP office
Mumbai: India plans to spin off the trademark registry from its intellectual property (IP) office, which currently deals with trademarks, patents and designs.
A government official and a patent law expert said the move will bring more focus to both offices and help them deal with complex issues, but critics claim the change has been prompted by a desire to stop reforms instituted by the IP office’s new chief from changing the way trademarks are given.
read more 07-05-2010Dr. Volker Bugdahl (at10tion, Hanau, Germany)The village venus effect – prototype semantics at trade...
A prototype is a first full-scale form of a new type or design of a construction. In semantics, the science of meanings, the term “prototype” varies between “best representative” and “best use of a word”. We will try to build a bridge between prototype semantics and trade marks.
The fundamental human ability to categorize is based on recognizing common properties. Thus, we recognize a tree because it shows the characteristics defined for the category tree. read more 06-08-2010PHAM & ASSOCIATES, Hanoi, Viet Nam
Show Company InfoViet Nam: A Brief on the New Law on Trade Names
The Vietnamese Government has issued Decree no. 43/2010/ND-CP on company registration procedure, which took effect as of June 01, 2010 in replacement of existing Decree no. 88/2006/ND-CP.
The Decree reflects the governmental ambition in building a National Information System of Company Registration to facilitate company registration and management. To this end, the Decree provides provisions on requirements for company name, procedure for company registration, and conditions for revoking company registration. read more
Peksung Intellectual Property Ltd.
Xiang Gao
908 Shining Tower, 35 Xueyuan Road
100191 Beijing
China (CN)
Tel +86-10-8231-1199
Fax +86-10-8231 1782
mail@peksung.com
www.peksung.comPeksung, a boutique intellectual property law firm, offers full spectrum of premium intellectual property services related to patent, trademark, design, copyright, enforcement, anti-counterfeiting, etc. for domestic and overseas clients.
Peksung is home to a diversified team consisting of reputable and dedicated intellectual property professionals that bring together academic, industrial as well as professional experience. Our patent attorneys have substantial expertise in virtually all technical fields. Talented patent attorneys, trademark attorneys and attorneys-at-law, all with years of professional experience, provide services in both prosecution and litigation.
Since its establishment, Peksung has taken the leading role in issues at the forefront of the ever-changing intellectual property world that entail great breadth of expertise and in-depth understanding of law and technology. Peksung has been recognized by our peers and clients as a firm of both scholarship and entrepreneurship.
S.M.D. Markeur
Schutz Marken Dienst GmbH
Miriam Hölscher
Manhagener Allee 76a
22902 Ahrensburg
Germany (DE)
Tel +49 4102 8048-0
Fax +49 4102 8048-35
info@smd-markeur.de
www.smd-markeur.comSchutz Marken Dienst GmbH is a privately held German company operating under the service mark SMD Markeur. Searching and monitoring of IP rights has been our business since 1949. We are the market leader for trademark searching and monitoring in Germany and much of Europe. Well-known brand owners and law firms already trust in our products and services helping them to clear their trademarks more efficiently.
NEW: Online ShopOur search services can be ordered online
24 hours a day on
www.smd-shop.comYour advantages:
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Moeller IP Advisors
Gerardo Messerer
Av. Leandro N. Alem 1134 10th floor
C1001AAT Buenos Aires
Argentina (AR)
Tel +54 (11) 4894 1551
Fax +54 (11) 4894 1561
mail@moellerip.com
www.moellerip.comwho we areWe are a law firm, with 80 years of experience, specialised and dedicated to providing a complete range of IP services throughout Latin America.
Our central office is located in Buenos Aires, where more than 40 highly-trained IP professionals work and are connected to an extensive network of IP professionals in each country of Latin America, which is one of the main differences that distinguishes us from other local and regional law firms.
Our team includes patent and trademark attorneys, lawyers, and certified translators in different languages, IT consultants and technical advisors, including chemists, engineers and biotechnologists.
Some of them have been part of our team for many years and share their expertise with the newcomers. Our staff is readily available to attend our clients requirements in Spanish, English, German, Portuguese and French.
This particular flexible-system-of-consolidated IP services allows Moeller to achieve the perfect balance between high-quality and cost-efficient IP services in the whole region and enables our clients to file, monitor and protect their intangible assets in multiple countries through one single agent, thus saving translation and fee costs as well as time, while centralizing and controlling the flow of said sensitive information.
Only one Power of Attorney enables us to represent the client in all Latin-American countries of interest, significantly reducing time, legalization and translation costs.
our ServicesWe file applications of patents, utility models, industrial designs and trademarks. We register domain names, contracts of transfer of technology and among others in all countries of the region on behalf of several multinational, medium sized and small, foreign as well as local companies.
We also prosecute said applications and monitor the enforcement of the property rights once they are granted and/or recognised in each country.
contact usMoeller IP Advisors
Av. Leandro N. Alem 1134 10th floor
C1001AAT Buenos Aires - Argentina
P.O. Box 3679
C1000WBK Buenos Aires - Argentina
phone + 54 (11) 4894 1551
fax + 54 (11) 4894 1561
mail@moellerip.com
www.moellerip.com
Pham & Associates
Pham Vu Khanh Toan (Mr.) Managing Partner
Hanoi Head Office: 8 Tran Hung Dao Street
PO Box 641, Hanoi
Viet Nam (VN)
Tel +844 - 3824 4852
Fax +844 - 3824 4853
hanoi@pham.com.vn
www.pham.com.vnFounded in 1991, PHAM & ASSOCIATES is one of the most prominent intellectual property firms in Vietnam and has a good reputation for its professionalism and capabilities. Since 2001 our firm’s legal advisory services have been expanded to cover business law area.
With a professional staff of over 100 highly qualified and committed IP attorneys, attorneys-at-law and technical and economic specialists we provide premier services for prosecution, enforcement and litigation of IP rights in both Vietnam and worldwide.
Our particular strengths in litigation matters involve patent, trademark and copyright infringement and unfair competition. These strengths have been originated from the staff’s in-depth understanding of governing laws, commercial customs, business culture in Vietnam as well as maintaining good relationship with competent Government authorities.
We currently represent more than 1,800 clients in countries around the world.
Areas of Practice
-Industrial Property: Patents, Industrial Designs, Trademarks, Trade Names, Trade Secrets, Geographical Indications, Copyright, Domain Names, Plant Variety Protection, IP Litigation & Licensing, IP Assets Management & Evaluation.
-Business Laws: Corporate, Investment, Real Estate & Construction, Commerce, Tax, Finance & Banking, Shipping, Insurance, Employment, Dispute Resolution.
Offices:
Our head office is located in Ha Noi and we have branch offices in Ho Chi Minh, Hai Phong and Da Nang cities.
Languages Spoken
Vietnamese, English, Russian, German, Chinese
Awards
-Voted as one of the top four IP law firms in Vietnam in 2004, 2005, and 2006 (by Asia Law & Practice)
-Vietnam IP Law Firm of the Year Award in 1999, 2000, 2004 and 2007-10 (from Managing Intellectual Property Magazine).