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10-05-2017
Say Sujintaya, Chansin Tangburanakij and Montira Sakulsuwan, Baker McKenzie, Thailand
First published on www.bakermckenzie.com


Thailand Opens the Door to Sound Marks


Say Sujintaya, Chansin Tangburanakij and Montira Sakulsuwan, Baker McKenzie, Thailand, First published on www.bakermckenzie.comThe new Trademark Act, Trademark Act (No. 3) B.E. 2559 (2016) (the “Trademark Act”), which came into effect on 28 July 2016 introduced registration for sound marks, something which was not covered in prior versions of the Trademark Act. However, it was not until Ministerial Regulation No. 5 B.E. 2560 (A.D. 2017) (the “Ministerial Regulation”) was issued on 1 September 2017 that it became possible to file applications for sound marks in Thailand.

Pursuant to Clause 11 bis of the Ministerial Regulation, a sound mark applicant must include a clear description together with a clear audio recording of the sound mark. In addition, the applicant may also submit musical notation, sonograph or other graphical representation along with the application in order to illustrate the sound. However, in practice, the Trademark office is only accepting flash drives containing audio files of sound marks saved in MP3 or other format. The application form requires the applicant to indicate whether the sound mark is a human sound, an animal sound, music/musical sound or
 read more

09-20-2017
Patrick Cantrill, Rose Smalley and Rachel Hearson, Bond Dickinson LLP, United Kingdom
First published on www.bonddickinson.com


European Commission publishes principles for the dialog...


Patrick Cantrill, Rose Smalley and Rachel Hearson, Bond Dickinson LLP, United Kingdom, First published on www.bonddickinson.comThe European Commission (EC) has published its principles for the dialogue on intellectual property rights in the Brexit negotiations, the first time the EC has commented on its position since the Referendum.
The publication brings positive news for owners of what are called "Intellectual property rights having unitary character within the Union", applicants for supplemental protection certificates, and companies, businesses and individuals who rely upon the exhaustion of rights in the EU as part of their trading operations. However, the reciprocity required to achieve the aims underpinned by these principles may be unrealistic, given the apparent motivations of the UK for leaving the EU, and there are concerns that, to date, little consideration has been given the practical implementation of these arrangements, and the administrative burden facing the UK and EU intellectual property offices.
The principles provide guidance on the treatment of registered unitary intellectual property rights, as well as on pending
 read more

09-19-2017
Katherine Van Deusen Hely, Caribbean IP, USA
First published on www.Caribbean-IP.com
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Cayman Islands: Review of New Transitional Provisions


Katherine Van Deusen Hely, Caribbean IP, USA, First published on www.Caribbean-IP.comThe Cabinet of the Cayman Islands issued the Trade Marks (Transitional Provisions) Regulations, 2017 (the “Transitional Provisions”). The Trade Marks Law, 2016 (the “2016 Law”) was passed in November of last year and went into effect on August 1, 2017. The Cabinet issued all other relevant regulations when it established the effective date of the 2016 Law in May 2017. However, the Cabinet only released the Transitional Provisions on July 28, 2017, leaving mark owners with only one business day in the interim between publication and  read more

09-05-2017
Gladys Echegaray, OMC Abogados & Consultores, Peru

Peru: Comments to the Regulation of Legislative Decree ...


Gladys Echegaray, OMC Abogados & Consultores, PeruDoes ‘The Regulation of Legislative Decree 1075’ really bring a significant change in the paperwork and procedures for distinctive signs?
On May 29th of 2017, the Supreme Decree No. 059-2017 was published in the Official Gazette “El Peruano” whose purpose is to complement what was established in Legislative Decree 1075. Among other modifications, this rule contains changes regarding the processing of applications, as well as the procedure in the precautionary measures in case of infringements of
 read more

07-25-2017
Gabriella S. Paglieri, Carlton Fields, USA
First published on WTR Daily, part of World Trademark Review, in June 2017


GOOGLE Trademark Has Not Become Generic


Gabriella S. Paglieri, Carlton Fields, USA, First published on WTR Daily, part of World Trademark Review, in June 2017In Elliott v Google, Inc, 15-15809, 2012 WL 2112311 (May 16 2017) the Ninth Circuit upheld a district court’s decision not to cancel the GOOGLE trademark, rejecting a claim that it had become generic.
The plaintiffs were two businessmen who had purchased 763 domain names that included the term ‘google’ accompanied by a specific search term such as ‘googlebarackobama.net’. Google obtained ownership of the domain names through an administrative action, claiming that the
 read more

07-11-2017
Suzanne Antal, Joli-Cœur Lacasse Avocats, Canada
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Canada’s proposed Trademark Regulations


Suzanne Antal, Joli-Cœur Lacasse Avocats, CanadaOn June 19, 2017, the Canadian Intellectual Property Office (CIPO) released its draft Regulations under Canada’s new Trademarks Act. Regulations are the rules used to carry out the intent of the Act and are approved by the Federal Cabinet. Typically, regulations contain more specific rules than Acts. The draft Regulations are open to public comment until July 21, 2017. This is the next step leading up to the enactment of the amended Trademarks Act, which is expected to occur in 2019. The proposed amendments to the  read more

07-11-2017
Paul Ranjard, Wan Hui Da Law Firm, China
First published on www.internationallawoffice.com


Likelihood of confusion and dilution clarified by the S...


Paul Ranjard, Wan Hui Da Law Firm, China, First published on www.internationallawoffice.comIn China, the Supreme People's Court proactively interprets the laws. It does so through exhaustive and detailed documents published under various titles, and at various levels, which serve as guidance for the lower courts. "Interpretation" and "Provisions" are the highest level and lower courts are required to follow them. "Explanation" or "Opinion", are of lesser importance and not binding, but they still have a strong influence on the practice of lower courts. Concerning the Trademark Law, the SPC usually makes a distinction between  read more


Caribbean IP



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224 Datura Street, Suite 513
West Palm Beach, FL 33401
USA (US)
Tel + 1 561 283 1800
Katherine@Caribbean-IP.com
www.Caribbean-IP.com

Caribbean IP – Katherine Van Deusen Hely, P.L.L.C. is an IP law firm focusing on trademark and other IP services across 24 Caribbean jurisdictions. The firm prides itself on handling trademark searches, registrations, renewals, recordals, oppositions and enforcement matters in a time- and cost-efficient manner. Before founding Caribbean IP in 2014, Katherine worked closely with her cousin, George C. J. Moore. After his passing in 2013, she continued his Caribbean practice as the sole attorney point-of-contact for the firm, working with numerous Fortune 500 companies and clients around the world. Katherine has experience handling all aspects of trademark practice in the English- and Dutch-speaking Caribbean.

Katherine obtained a Legal Education Certificate from the Eugene Dupuch Law School in The Bahamas and a law degree from Vanderbilt University. She is a member of the Florida Bar and an active member of the International Trademark Association, serving on the INTA Bulletin Committee (Latin America and Caribbean Subcommittee) since 2013. She regularly writes articles on trademark law developments in the Caribbean.

Joli-Coeur Lacasse Avocats



Micheline Dessureault

Micheline Dessureault
1134 Grande-Allée Est, suite 600
G1S 1N5 Québec (Québec)
Canada (CA)
Tel +1 418 681 7007
Fax +1 418 681 7100
micheline.dessureault@jolicoeurlacasse.com
www.jolicoeurlacasse.com

Founded in 1983, our firm has expanded considerably since its creation, placing it amongst one of the most important law firms in the province of Quebec, Canada.

Counting almost 100 lawyers, our firm has offices in Quebec City, Trois-Rivières and Montreal and has, amongst others, departments in intellectual property, international business law, business law, taxation, real estate law and insolvency and enforcement of security.

It is known for both the quality and affordability its legal services. Our accomplishments are in large part due to the competent, creative and service-oriented professionals who lend their hand to helping their clients and strive to go above and beyond demand.

Our team of professionals in the intellectual property area is renowned for its services and publications as well as for its conferences and seminars. Its members, whether they are lawyers, trademark agents or technicians, have a strong experience in Canada as in foreign countries. Counting on a sound network of contacts throughout the world, they are fit to assist you on intellectual property matters.

Our spheres of activity in Intellectual Property:
- Protection and management of intellectual property portfolios
- Trademarks
- Copyright
- Information technologies and Internet Law
- Patents and industrial designs
- Know-how
- Artistic heritage
- Licenses/technology transfer
- Research and development

Our services in International Business Law:
- Business accompaniment
- Legal and political analysis
- Creation of a subsidiary or branch
- Mergers and acquisitions
- Strategic alliances and partnerships
- Commercial agencies/sales offices
- Distribution
- Joint venture and co-development
- Exportation and importation
- Legal domiciliation
- National and international taxation
- Real estate
- Negotiation and drafting of various other international contracts
- Transnational dispute settlement, mediation, arbitration

We invite you to visit our website for further information regarding our firm and its specialists.

Micheline Dessureault, Lawyer and Trademark Agent, Director of the Intellectual Property and International Business Law Departments

Suzanne Antal, Trademark Agent, Assistant Director - Trademarks