Archive for July 2018

[UK] How Will Brexit Affect My EU Trademark?

Pound Coins | How Will Brexit Affect My EU Trademark

It has now passed the two-year mark since the decisive referendum where the UK public voted to leave the EU. With the official leaving date set as Friday 29th March 2019, and intellectual property rights low priority on the negotiating table, it is understandable that there is much confusion around existing Trademarks, and the future…

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[UK] Looking into non-traditional trademarks

Lady writing on a post it note

There is no worldwide set legal definition of a trademark but in the UK, the definition can be found in S.1(1) TMA 1994 which transposed the EU trademark directive into UK law. From the UK and EU definition of trademarks that there are three elements; it must be a sign, that is capable of being…

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[HK] Invalidation of Trademark Registration in Bad Faith

Justice Scales | Invalidation of Trademark Registration

Trademark squatting has been phenomenal in many countries and regions and Hong Kong is no exception. Fortunately, there are provisions in the Trademark Laws in Hong Kong which stipulate the situations at which a declaration of invalidity can be sought to cancel a trademark registration made in bad faith. In particular, section 11(5)(b) of the…

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[UK]How are trademarks around the world are obtained?

Man writing with a pen | International Trademark

Obtaining a trademark may seem like a complicated and drawn-out process. At BKIP, we aim to demystify the process and give you an insight into how a trademark is actually registered UK: To begin with, a trademark must be registered with the United Kingdom Intellectual Property Office based in Newport. The logo, word or subject…

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[HK] Opposition to Hong Kong Trademark Application

A gavel | Opposition to Hong Kong Trademark Application

Oppositions should be filed within 3 months beginning from the date of publication of the trademark application in the Hong Kong Trademark Official Journal (if an application is published on 1 March, the deadline to oppose will fall on 31 May). The deadline is extendable once only for 2 months subject to the discretion of…

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[HK] Defects in Evidence for Hong Kong Trademark Cases

A Desk tidy | Defects in Evidence for Hong Kong Trademark Cases

In all the proceedings before the Hong Kong Trademarks Registry, “evidence” is how the Registrar is to consider any fact, either alleged in any statement of the case or counter-statement or of factual distinctiveness of a trademark, upon which he has to adjudicate. From time to time, there are cases that parties in the relevant…

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[HK] Update of the Madrid System in Hong Kong

Business Meeting | Update of the Madrid System in Hong Kong

The Madrid International Trademark Registration System (hereafter “the Madrid System”) will apply to Hong Kong as early as in 2019. This article is to provide a brief introduction of the Madrid System and the update of the same. Introduction: The Madrid System is a major international system that promotes the registration of trademarks throughout the…

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[CN] Rejection of a trademark is not the end result!

Man writing | Trademark registration China

The review of the trademark refusal is that after the trademark registrant submit an application for registering the trademark to the Trademark Office, and the Trademark Office refuse the application based on that the trademark does not meet the requirements of the Trademark Law, the registrant disagree with the reasons for the refusal and the…

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[CN] Trademarks rejected for “lack of distinctiveness”

Glass building | Trademarks rejected for lack of distinctiveness

In examining the trademark application, except similarity, “lack of distinctiveness” of the trademark is one of the reasons for the rejection of the trademark. The distinctive feature of a trademark is the feature that the trademark should possess so that the relevant public can distinguish the source of the product. Judging whether or not a…

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[CN] How to determine whether the word marks are similar?

Man doing paperwork on desk | How to determine whether the word marks are similar

To determine if two-word marks are similar, the Trademark Office has a complete set of censorship standards in regards to an existing trademark search. 1. Chinese work marks are of the same composition of Chinese characters. Only the font or design, phonetic transcription, and arrangement order are different. 2. Work marks consist of the same…

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