Sharpen Your Sword: Adduce Proof When Claiming Prior Copyright to Challenge a Trademark in China
A significant risk that brands fear is that others may file their trade mark first in a new market, as most trade mark systems operate under a ‘first to file’ approach. Brands can therefore be comforted by the UK Intellectual...more
Today, Aaron Judge (“Judge”) is a household name for sports fans across the United States. However, in 2017, Judge was just entering the Major League Baseball scene and carving out a name for himself—he won Rookie of the Year...more
Legal Break - What’s new in the Digital Omnibus? In this episode of Legal Break, Alessandro Ferrari from DLA Piper takes a closer look at the Digital Omnibus and the main changes and simplification measures it...more
The Court of Justice of the European Union (CJEU) has now brought an end to the uncertainty surrounding the temporal assessment of earlier rights in EU trade mark proceedings. In its judgment, the CJEU has set aside the...more
As of April 1, 2025, subsection 56(5) of the Trademarks Act requires parties to obtain leave to file additional evidence on appeal from decisions of the Registrar of Trademarks (the “Registrar”), which include decisions of...more
Jessica Bell, Associate, Kalus Kenny Intelex, Melbourne, Australia 2026 begins with a number of changes to the Australian Trade Marks landscape, following the introduction of the Trade Marks Amendment (International...more
2025 marked a year of adaptive reform in Canadian trademark law. Decisions, legislative updates, CIPO initiatives, and procedural enhancements collectively show the system continuing to mature in the wake of the 2019...more
The US Court of Appeals for the Federal Circuit sustained the Trademark Trial & Appeal Board’s refusal to register trademark applications (over oppositions) for two character marks and a design mark based on the Board’s...more
“What’s in a name?” That which we call a good, by any other name, would it be as valuable? Conceiving a trademark is much like crafting a poem – it should be original, distinctive, and memorable. Like Shakespeare’s language,...more
On 27 December 2025, the Standing Committee of China's National People's Congress released the Draft Amendment to the Trademark Law of the PRC for public comment. Comments from stakeholders are due by 10 February 2026, and...more
In the world of designer toys, few characters have captured hearts, and consumer sales, quite like Labubu. Created by artist Kasing Lung, and popularized by Chinese company Pop Mart, Labubu is part of “The Monsters” series –...more
Game Plan, Inc. (“Game Plan”), a nonprofit organization that supports student‑athletes in underserved communities, appealed a decision of the Trademark Trial and Appeal Board (“TTAB”) to the Federal Circuit (see Game Plan,...more
Game Plan, Inc. v. Uninterrupted IP, LLC, No. 2024-1407, 2025 WL 3534330 (Fed. Cir. Dec. 10, 2025) - On December 10, the Federal Circuit affirmed the Trademark Trial and Appeal Board (“TTAB”)’s decision to cancel Game...more
In a precedential opinion issued in September 2025, the TTAB sustained the opposition of the mark, HOTEL EL ROBLAR, for hotel services in class 43, agreeing with the opposer that the applicant lacked bona fide intent to use...more
The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s cancellation of a registration and dismissal of registrant’s opposition, finding that the cancellation petitioner had priority...more
Merci, Danke, and Thank You—different in linguistic origin, yet all express gratitude. Now that we are in the holiday season, you may want to convey appreciation to someone by expressing thanks or giving a gift, perhaps...more
Some brands never fully fade, especially in industries in which nostalgia and cultural memory keep the brand alive long after a product line takes a step back. Nike’s TOTAL 90 line is one such example, remembered from its...more
This article highlights important aspects of Canadian trademark practice and the benefits of owning a Canadian trademark registration. In Canada, applicants do not need to specify any filing bases in their applications and,...more
Following a Trademark Trial and Appeal Board (TTAB) decision and corresponding Federal Circuit appeal finding that she did not have standing to oppose registration of a RAPUNZEL mark for dolls, Rebecca Curtin has filed a writ...more
The European Union Intellectual Property Office (EUIPO) Opposition Division recently upheld an opposition against the registration of “CNTRBND” as an EU trade mark, finding that there exists a likelihood of confusion with an...more
Suppose you have filed a trademark application to register a trademark that identifies a source of goods/services for your business. During examination of the trademark application, the United States Patent and Trademark...more
In this edition of The Precedent, we outline the decision in Sunkist Growers, Inc. v. Intrastate Distribs., Inc. The Federal Circuit reversed a decision by the Trademark Trial and Appeal Board (“Board”) dismissing Sunkist...more
When it comes to trade mark protection and registrability, being a reputable market-leading brand is not enough to guarantee either the registration of a mark, or a successful opposition to the registration of a competing...more
APEX BANK v. CC SERVE CORP. - Before: Hughes, Moore, and Cunningham. Appeal from the Trademark Trial and Appeal Board (the “Board”). The Board erred by excluding evidence of marks used for similar services and restricting...more
In Paige v Sage and Paige, the Federal Court considered the existence of brand collaborations in the fashion industry, colloquially known as “collabs”, in assessing the deceptive similarity of trade marks....more