The number of international trademark applications soared to record levels last year, but a slowdown is expected in 2009, according to a statement released by the World Intellectual Property Organization. WIPO received a record 42,075 filings under the Madrid System in 2008, representing 5 percent growth, according to WIPO.
More interesting facts from WIPO here.
The German Federal Supreme Court (BGH) has followed the example of other national courts and denied trade mark infringement in two of the cases and referred the third matter to the ECJ. Read more here. You can also find the BGH press release, though in German, here.
Read more...Law360, New York (January 20, 2009) -- Under European law, a trademark is not put to “genuine use” if it appears on a free promotional item that is given away with the purchase of other goods, the European Court of Justice has ruled.
The ECJ handed down the judgment clarifying the “genuine use” of a trademark on Thursday. The ruling came as a blow to Austrian clothing company Maselli-Strickmode GmbH..
We have all gotten accustomed to using emoticons, right? We use the famous smiley faces in text messages and e-mail. And if you are like me, you take every opportunity to use the emoticon, as it is fun and conveys your emotions (see my emoticon statement here).
Well in Russia (my Motherland), as was reported earlier by NTV (Russian Television Network) and the Associated Press, the use of the smiley face may soon bring Trademark infringement suits to court. A Russian businessman, Oleg Teterin, has successfully trademarked the famous smiley face in the Russian Federation ;-). He has noted that he will not pursue enforcement over personal use but will seek compensation for commercial use, specifically citing use by corporations and private companies "looking to make a profit without the permission of the trademark holder".
I have to say that nothing surprises me about Motherland. A country where you can buy anything as long as you have money and connections. Well, if you have money, you have connections. :) I keep asking myself though, how did this ever pass through the Russian Patent & Trademark Office (RPOT)? The funny part? Russia media said Teterin wasn't the first to try to trademark the symbol in Russia.
When I tried to search the RPTO, not surprisingly their website was down. However, I was able to find information on how to file for a TM in RPOT:
1) No evidence of use is required upon filing of a trademark application.
2) The rights to the mark will belong to the person who files the application first.
...even if a mark was used for a long time in Russia by another company.
A search on USPTO TARR results in 128 matches for "emoticons".
Originally I wanted to combine writing about photography and intellectual property law on my photography blog. However, after starting my photography blog I quickly realized that each topic deserved it's own space. So, this is how I got here. Welcome to my Intellectual Property Blog! Here you will find IP information, recent industry developments, IP law, useful links and information as well as links to job postings that I find interesting.
I also would like to take the opportunity to tell you more about me and my IP experiences since the 'About Me' page contains little information. I have been working in the IP industry since 1998. I am not an attorney but have extensive IP knowledge. For the past ten years my focus has been patent prosecution and my positions varied between paralegal and manager levels. It is worth noting that in the past two years I have focused on Trademark and Copyright prosecution as well as IP enforcement rights. Luckily, I have had the opportunity to work for several IP boutiques in NY as well as some of the largest world wide known law firms within their IP departments. Currently, I work in the legal department for one of the largest news organizations.
Please note the disclosure on the bottom of the page. It is imperative for the readers of this site to know that the information found on this web page should not be taken as legal advice and that the opinions displayed here or comments left on other pages do not reflect those of my current or past employers.
If you would like to contribute to this blog, please drop me a line to irene.keselman at gmail dot com.
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