Latest development at the EPO is a further example of the challenges that applicants, particularly from the US, face when ensuring valid priority claims for European Patent (EP) applications, as Dr Oliver Harris explains.
Music app Spotify has successfully opposed the registration of the trademark ‘Potify’ by marijuana app Potify on the grounds of dilution by blurring and tarnishment. Julia Schefman examines the US Trademark Trial and Appeal Board ruling and asks whether the outcome would have been any different under EU law.
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The Madrid System for the international registration of trademarks allows brand owners to apply and maintain protection in the different member states of the system via one single procedure, in one language and one set of fees. However, levels of protection can vary and the process is not without its shortfalls.
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In our white paper 'Best practices in trademark auditing: a practical guide', we set out the steps to take to put a trademark auditing programme in place that will help your business to streamline and exploit its portfolio.
The need to file evidence of use can crop up in many cases and the requirement to show historic use can cause problems for businesses. Preparation is critical to success.
It is crucial to act promptly when submitting objections (or oppositions) to challenge potentially conflicting trademark applications. But, what is the opposition procedure – and how can brand owners make best use of it to protect their trademarks? V
It is good practice to monitor trademark registries for potentially infringing trademark applications. The challenge is in developing the right watching strategy to avoid being swamped with results. Trademark Attorney Vanessa Harrow offers some advice.
As the requirement to submit proof of use at the USPTO is different to practices in Europe, it can cause problems for brand owners looking to protect their trademarks in the important US market. Marianne Tissot and Marion Mercadier explain when evidence of use is required, and set out best practices for obtaining protection for trademarks in the US.
In many jurisdictions, such as the EU and UK, brand owners can file trademark applications without any requirements to file evidence of use of their chosen mark. That is not to say that the ability to provide proof of use is not important, says UK Trademark Attorney Dan Halliday.
Protecting patentable innovations in the US and EU is the foundation of many corporate patent portfolios. However, a first patent filing in the US can cause issues obtaining subsequent protection in Europe, as Nadège Lagneau explains.