News & Analysis as of

Bad Faith Trademark Registration

Smart & Biggar

Canadian Trademark Law 2023: A Year in Review

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2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding.   Notable changes also emerged from the Canadian Trademarks...more

Linda Liu & Partners

Strategies to Deal with Bad Faith Trademark Rights Enforcement

Linda Liu & Partners on

The trademark system in China follows the first-to-file rule. As long as the application meets the statutory application requirements, trademark registration can be obtained, resulting in a large number of bad faith...more

Katten Muchin Rosenman LLP

Bad Faith Games – Hasbro Rolls and Loses - Kattison Avenue/Katten Kattwalk | Issue 2

For EU and UK trademarks, there is a five-year grace period following the issuance of a registration, during which the trademark owner must use the mark in connection with the goods and/or services covered by the registration...more

Linda Liu & Partners

Who Moved My Curry? the Impact of Bad Faith on Trademark Similarity Determinations—Study on Typical Trademark Opposition Case of...

Linda Liu & Partners on

It is well known that one of the key issues in trademark registration allowance and affirmation cases is whether a trademark is similar to another prior conflicting trademark on identical or similar goods. The determination...more

Dorsey & Whitney LLP

Important Trademark Development from China for 2022: What US Brand Owners Need to Know

Dorsey & Whitney LLP on

China has been speeding up its legislative efforts in protecting trademark rights and improving its trademark administration. In 2021, China issued a number of new rules and regulations on trademark practice....more

Hogan Lovells

Anchovy News, September 2020

Hogan Lovells on

This is the September 2020 edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover...more

Hogan Lovells

China: implementing regulations for new Trademark Law published - Weapons against bad faith filings upgraded, but uncertainty...

Hogan Lovells on

On 11 October 2019, China's State Administration for Market Regulation ("SAMR") published the Regulations on the Registration of Trademarks, which will become effective on 1 December 2019. The Regulations are implementing...more

Hogan Lovells

EUIPO: Repeat trademark applications for the same classes can equate to bad faith

Hogan Lovells on

In July, the Second Board of Appeal of EUIPO declared the MONOPOLY trade mark invalid to the extent that the underlying application covered goods and services for which the trade mark was already registered. Such filings...more

Seyfarth Shaw LLP

New Amendment to Chinese Trademark Law Seeks to Combat “Bad Faith” Filers

Seyfarth Shaw LLP on

Seyfarth Synopsis: On April 23, 2019, the 10th Session of the Standing Committee of the 13th National People’s Congress in China (NPC) amended the Chinese Trademark Law. The changes are intended to combat the problem of...more

Perkins Coie

China’s National Legislature Advances Changes to Trademark Law

Perkins Coie on

The Standing Committee of the National People’s Congress (NPC) announced amendments to the Trademark Law of the People’s Republic of China (PRC Trademark Law) on April 23, 2019. The amendments apply to six articles of the PRC...more

Hogan Lovells

WIPO: Be aware of generic terms in domain name dispute resolution

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In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a Panel denied the transfer of a domain name because the Complainant failed to...more

Hogan Lovells

EUTMs: “Strategic” re-filings and the GC’s last word – for now – on related bad faith & proof of use

Hogan Lovells on

General Court (GC) judgment in case T-736/15, 19 October - Re-filings – legitimate interest versus bad faith - Trademark re-filings can have a legitimate interest which could be to slightly amend the specification of...more

Miller & Martin PLLC

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

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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

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