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20.02.2020
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Feb 20, 2020
Sara Radić, PETOŠEVIĆ Serbia
First published at www.petosevic.com


Serbia Adopts New Trademark Law, Introduces Opposition ...


Sara Radić, PETOŠEVIĆ Serbia, First published at www.petosevic.comOn January 24, 2020, the Serbian National Assembly adopted a new trademark law, which enters into force on February 1, 2020 and introduces the trademark opposition system, which will exist alongside the current ex officio examination on absolute and relative grounds. If the application successfully passes the examination on absolute and relative grounds, it will be published in the Serbian IPO’s Official Gazette. Interested parties can file an opposition based on relative grounds for refusal within three months from the application’s publication  read more

Feb 20, 2020
Anca Draganescu-Pinawin, IP Counsel, Novagraaf, Switzerland
First published at www.novagraaf.com


How to build an IP enforcement strategy that reflects, ...


Anca Draganescu-Pinawin, IP Counsel, Novagraaf, Switzerland, First published at www.novagraaf.comBackcountry.com, a leading e-tailer of outdoors, recreational products, undertook an aggressive IP rights enforcement campaign in 2019 against several smaller businesses that had filed trademarks which included the term ‘backcountry’. Under intense pressure and with the prospect of expensive, protracted legal battles, several of these businesses felt forced to rebrand. In other situations, this would be considered a success for the enforcing trademark holder, but in this instance, the strategy did not strengthen Backcountry.com’s  read more

Feb 20, 2020
Yesabel Cavero, OMC Abogados & Consultores, Peru

Phantom Marks, the Twilight Zone of Intellectual Proper...


Yesabel Cavero, OMC Abogados & Consultores, PeruThe situation of these marks is not as spooky as actual ghouls haunting at cemeteries or abandoned houses, but they still cause many trademark offices to run off and refuse their submission. These trademarks contain “phantom” or changeable elements in their denominations usually represented by inserting a blank (in figurative marks), or by using dots, dashes, underlining, or a designation such as "XXXX" (in denominative marks). An overly known example of these, is the American trademark “----- For Dummies”, used in an extensive and varied set of  read more

Feb 06, 2020
Mauricio Serino Lia – Lia e Barbosa IP Lawyers, Brazil
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Brazil and the Madrid Protocol – Brief comments on the ...


Mauricio Serino Lia – Lia e Barbosa IP Lawyers, BrazilAfter many years of preparations and adaptations due to Legal conflicts with the domestic legislation and to the structure of the Brazilian PTO, on October 2nd, 2019, the Madrid Protocol finally entered in force in Brazil. It is therefore now possible to Brazilian companies, natural persons or those with domicile here to use the Madrid System and for Brazil to receive the international applications as a designation from other countries businesses and natural persons. Although most people and IP practitioners are thinking positively about the reflections in Brazil, some discussions are still on the table when speaking about  read more

Feb 06, 2020
Dimitar Batakliev, PETOŠEVIĆ Bulgaria
First published at www.petosevic.com


Bulgaria: New Law on Trademarks and GIs Brings Importan...


Dimitar Batakliev, PETOŠEVIĆ Bulgaria, First published at www.petosevic.comA new law on trademarks and geographical indications entered into force in Bulgaria on December 17, 2019. It transposes into national legislation Directive (EU) 2015/2436 of the European Parliament and of the Council of December 16, 2015 to approximate the laws of the EU member states relating to trademarks, while the provisions on GIs are aligned with Regulation (EU) No. 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs. The new law brings significant changes  read more

Dez 05, 2019
Lee Lin Li, Lim Bee Yi and Low Kok Jin, Tay & Partners
First published at www.taypartners.com.my


Malaysia: Trademarks Act 2019– What’s New?


Lee Lin Li, Lim Bee Yi and Low Kok Jin, Tay & Partners, First published at www.taypartners.com.mySince coming into force in 1983, the Malaysian Trade Marks Act 1976 is feeling the effects of the passage of time and will at long last be overhauled when the new Trademarks Act 2019 comes into force in late 2019. The bill was presented for first reading in Parliament on 9 April 2019 and was passed after the second reading on 2 July 2019.
While still fresh from the Parliamentary oven, we highlight some significant welcome changes in the new Act especially for the rights holders. It is worth noting that many of the proposed changes mirror or resemble the trademark provisions in other Commonwealth jurisdictions such as the UK Trade Marks Act 1994, the Australian Trade Marks Act 1995 and the Singaporean` Trade Marks Act to name a few.
The new Act will facilitate Malaysia’s accession to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (also known as the Madrid Protocol) which allows the filing of a single application to register a trademark in up to 120 countries. The days of Malaysian trademark owners
 read more

Dez 05, 2019
Lee Lin Li, Lim Bee Yi and Low Kok Jin, Tay & Partners
First published at www.taypartners.com.my


Malaysia: Trademarks Act 2019– What’s New? (Part 2)


Lee Lin Li, Lim Bee Yi and Low Kok Jin, Tay & Partners, First published at www.taypartners.com.myIn this part two of the article, we highlight the major changes in the new Malaysian Trademark Act 2019 in respect of oppositions, invalidations, infringements and offences.
The new Act provides greater clarity by setting out the circumstances in which a party may oppose a trademark application. These include that the party has prior use of the trademark; that the trademark comes within one of the absolute and relative grounds of refusal in Sections 23 and 24; and that the trademark is identical or similar to a well-known trademark in Malaysia and is to be registered for similar goods or services. Save for the above, the opposition provisions in the new Act remain substantially the same.
With regard to invalidations, the old Act states that an aggrieved person may apply to rectify the trademark register for, among other grounds, any entry made without sufficient cause and any entry wrongfully remaining in the Register. These phrases often give rise to ambiguity
 read more

Lia e Barbosa - IP Lawyers Brazil



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www.liaebarbosa.com.br

Lia e Barbosa Sociedade de Advogados is a law firm specialized in business law with emphasis on the protection and defense of intellectual property rights: trademarks, patents, copyright, technology transfer, know-how, industrial design, business secrets, Confidentiality, contracts/agreements, computer programs, innovation, domain names, business names and issues related to the Internet and new technologies.

Comprising professionals with a large experience, some with more than 25 years, in preventive, advisory, administrative/prosecution and litigation activities for national and international clients, we seek, as a main differential, to offer a personalized advice that privileges the resolution of interests and conflicts with focus on business advocacy, always considering the binomial quality / investment.

The office, located in São Paulo / SP, has carefully selected correspondents to work throughout the national territory and in any countries part of the intellectual property protection systems, with correspondents in approximately 180 countries.

Our members are active members of the main associations dedicated to the study of the subjects related to its area of activity, thus providing information and cutting-edge knowledge in this constantly changing area. In addition, the office has a structure that brings together experienced lawyers, engineers, economists, administrators, designers, experts, referees and teachers depending on the client´s necessity.