Trademarks, First-to-File

First-to-File or First-to-Use? Trademark Protection in Australia

International Lawyers Network on 6/1/2023

Foreign entities wishing to register an Australian trademark should be aware that Australia is a ‘first-to-use’ jurisdiction. This means that the owner of a trademark is the first user of that trademark....more

The Concept of Reverse Confusion is Not Applicable under the Current Trademark Practice in Taiwan

International Lawyers Network on 12/27/2019

As a principle, Taiwan adopts a “first to file” trademark registration system. Under the system, fame and extensive use are not the requirements for registering a trademark. In addition, under Article 2 of the Trademark Act...more

The Application of the First-to-File Rule Where Fruit is the First Ingredient

Dorsey & Whitney LLP on 12/18/2019

In a dispute between two fruit product manufacturers concerning whether the phrase “Fruit is Our 1st Ingredient” is protectable as a trademark the parties initially litigated the application of the “first-to-file” rule where...more

Protecting Your Brand in China

Kilpatrick on 5/29/2019

Filing for a trademark in China? Kilpatrick Townsend associate Gwen Kui discusses first-to-file rules, bad faith, and how to protect your brand....more

MarkIt to Market - October 2018: Your brand -- keep (and protect) its "character"

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 11/5/2018

Babbel.com has estimated that of the world’s approximately 7.5 billion inhabitants, 1.5 billion speak English, about 20% of the earth’s population. English is by far the most commonly-studied foreign language, and even in...more

Long-awaited Trademark Law of Myanmar to be announced this year

Hogan Lovells on 6/12/2018

Trade mark owners worldwide should watch out for the long-awaited first modern Trademark Law in Myanmar – very likely to come into force anytime in the coming months. ...more

Seasick Trademarks Walking the Plank? Don’t Let Yeezy Make You Queasy

Knobbe Martens on 3/5/2018

Successful brands from the United States, and particularly those branded by U.S. celebrities, are often received with similar enthusiasm in other parts of the world. Recently, YEEZY shoes designed by Kanye West made their...more

Trump Trademark Registration in China Signals Positive Change In China IP Law

Miller Canfield on 3/9/2017

A short while ago, China finally granted the Trump Organization a trademark registration after a 10-year struggle. The timing of the announcement has fueled concern because just days before, President Trump had a phone call...more

Don't "Be Like Mike": The Importance of Registering Your Trademark in China

Miller & Martin PLLC on 1/23/2017

For companies that manufacture or sell their products in China, it is critical to register your trademarks with the Chinese trademark office as soon as practical. Unlike the United States, China is a first-to-file...more

Top Five Reasons Why You Should File For Trademark Protection In Cuba

Foley Hoag LLP - Making Your Mark on 5/3/2016

As the U.S. and Cuba progress towards normalizing trade relations, many U.S. companies are contemplating whether it makes sense to do business in Cuba. While some companies already plan to enter the Cuban market, others have...more

Cuban Trademark Protection: Is now the time?

McAfee & Taft on 3/26/2016

Recent relaxations in travel restrictions and talks to end the economic embargo the United States has imposed on Cuba for more than 50 years have increased interest in the Cuban market. With its close proximity and 11 million...more

International IP Law: Securing Your IP Rights in Cuba and French Polynesia

Knobbe Martens on 6/20/2015

CUBA - Six months have passed since President Obama and Cuban President Raul Castro made the historic decision to reestablish diplomatic relations between the U.S. and Cuba. Although Congress has not yet voted to lift...more

U.S. Brand Holders Anticipating Business in Cuba Can and Should Protect Trademarks

Neal, Gerber & Eisenberg LLP on 4/22/2015

As we noted in our Client Alert on December 18, 2014, President Obama has announced that he will take steps to ease regulations that have largely prevented U.S. companies from conducting business in Cuba for more than 50...more

Is It Too Soon to File for Trademark Registration?

Carlton Fields on 4/9/2015

News headlines abound concerning the potential for normalizing trade relations with Cuba. U.S. companies that are likely to do business in Cuba, if and when trade restrictions are fully lifted, should take steps now to...more

Intent to Lose? Be Wary of Pitfalls Involving Intent-to-Use Trademark Applications.

Pillsbury Winthrop Shaw Pittman LLP on 5/23/2014

Merger and Acquisitions often involve the acquisition and/or assignment of trademarks. Companies acquiring trademarks must beware of potential problems lurking with intent-to-use (ITU) trademark applications (or applications...more

7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

JD Supra Perspectives on 2/3/2014

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the...more

China Adopts First Changes in Trademark Law in Over Twelve Years

K&L Gates LLP on 10/9/2013

The long-awaited amendments to the People’s Republic of China Trademark Law were finally passed by the National People’s Congress and published on August 30, 2013. The new Amendment to the Trademark Law of the People’s...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2

McDonnell Boehnen Hulbert & Berghoff LLP on 5/13/2013

In This Issue: Comments on New AIA Rules; Implementing the New Micro Entity Status at the U.S. Patent Office; Obama Administration Focuses on Chinese Trade Secret Misappropriation; and Tiffany & Co. v. Costco Wholesale...more

Intellectual Property and Your Startup (Presentation)

Knobbe Martens on 5/13/2013

Knobbe Martens’ patent attorneys Russell Jeide and Scott Cromar hosted a seminar series on intellectual property basics for Temecula’s business community. This presentation is from the first class giving a basic overview of...more

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

Dickinson Wright on 3/25/2013

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most...more

IP Update, Vol. 16, No. 2, -- February 2013

McDermott Will & Emery on 2/28/2013

In This Issue: Patents - Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the...more

The Madrid System Is Expanding: Is Your Trademark Portfolio Covered?

Perkins Coie on 2/5/2013

As more countries join the Madrid Protocol System for the International Registration of Marks (Madrid System), trademark owners should be sure to take full advantage of this trademark registration option. There are now 89...more

Trademarks › First-to-File

"My best business intelligence, in one easy email…"