Trademark

A taste of Vienna in Malta

Starting a business where you can add your personal touch can be a very creative and rewarding experience. However, apart from being creative, one needs to be careful not to infringe others' intellectual property rights when choosing a trade name or a trade mark to identify oneself in the market.

For "A taste of Vienna", a Maltese bakery, obtaining legal advice before selecting its trade mark made its business experience even sweeter. We tell you everything in this new case study. 

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Olive oil produced in Jaén goes abroad!

In the new world of international alliances and networks, in order to sustain competitiveness in the global market companies are extending their business activities at international level, now more than ever.

If a company wants to enter new foreign markets, its business and intellectual property (IP) strategy should be shaped in a flexible way, allowing adaptation to new business and competition environments.

This case study, based on the real experience of Castillo de Canena, aims to show you how to deal with IP matters, and in particular trade marks, in the internationalisation process and describes the main steps to be taken when entering foreign markets.

 

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Lambrusco: protecting and enforcing a GI for wine products

Like most unique food and wine products whose quality and reputation are strictly linked to their geographical origin, Lambrusco, maybe the most famous sparkling red wine in the world, is protected at European Union level by several geographical indications.

Geographical indications (GIs) are valuable intangible assets and their protection and enforcement constitute a crucial step to retain the related competitive advantage.

This case study, based on the direct experience of the Consorzio Tutela del Lambrusco di Modena, demonstrates how GIs can be successfully enforced in the European Union against conflicting trade mark applications.

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European IPR Helpdesk Bulletin Issue (20)

We are pleased to inform you that a new issue of the European IPR Helpdesk Bulletin has been released and is now available online.

Does your business have know-how, inventions or brands? Then you have intangible assets that can be brought to the market to create new revenues and increase profits.

This Bulletin issue is largely dedicated to IP Commercialisation comprising the different available mechanisms to realise economic values from Intellectual Property (IP).

Particular attention is given to licensing as the most common IP commercialisation tool presenting specificities depending on the Intellectual Property involved.

An insight on licensing and Standard Essential Patents (SEPs) is offered by an article of Mr Matteo Sabattini and Ms Alessandra Mosca from Sisvel.

Read our interviews to discover the point of view of European SMEs on IP management and commercialisation.

As always, the Bulletin reports information about past IPR events together with some fresh news on the Helpline service. In addition, it contains the usual patent quiz and a new IP commercialisation crossword.

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Madrid Goods & Services Manager aligned with latest Nice Classification edition

Before filing an international trade mark application, the goods and services to be covered by the mark need to be determined. Madrid Goods & Services Manager is a multilingual e-service that helps users compile and verify their list of goods and services by providing access to an extensive collection of terms and descriptions - including the Nice Classification’s current alphabetical list, as well as a number of terms pre-approved by WIPO and 29 countries and regional IP Offices.

The tool offers a number of invaluable features and content designed to support users in compiling an acceptable list of goods and services for their international trade mark application.

The Madrid Goods & Services Manager has been recently updated to fully integrate all modifications introduced in the 11th edition of the Nice Classification, including the notable transfer to Class 21 of all types of serving utensils.

Further information is available here.

 

European IPR Helpdesk Bulletin Issue (24)

We are pleased to inform you that Issue 24 of the European IPR Helpdesk Bulletin has been published and is now available online.

This Bulletin issue is largely dedicated to trade marks and their importance for businesses.

An article from WIPO explains the different ways to obtain trade mark protection and a contribution from the EUIPO provides several updates on the EUTM regime and other relevant issues regarding, inter alia, enforcement. 

EUIPO's EU Observatory on Infringements of Intellectual Property provides some valuable information regarding two useful databases aimed at tackling IP infringements.

INTA reveals the basics of trade names in its article, and our interview with Design and Engineering Company reflects the importance of trade marks for SMEs and their management. 

As always, the Bulletin reports information about past IPR events together with some fresh news on the Helpline service. In addition, it contains the usual patent quiz and our brand new trade mark soup.

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11th edition of the Nice Classification

The 11th edition of the Nice Classification system entered into force on January 1.

The Nice Classification is a system used to classify goods and services for the registration of trade marks. Under the Nice Classification, related goods and services are grouped together under various categories or classes, each with their own unique heading.

The Nice Classification is continuously revised by a Committee of Experts deciding on the transfer, insertion, change and deletion of terms of the goods and services classification.

The full text of the latest edition is available here.

 

Improved image recognition in eSearch plus

eSearch plus is the European Union Intellectual Property Office’s most popular database allowing users to search for European Union trade marks and registered community designs.

In November 2015, a new image recognition feature in beta was introduced to search for images with a quick and simple ‘drag-and-drop’ function. After nearly a year of successful implementation, eSearch plus now features an improved algorithm based on deep learning technology that combines visual similarity and object recognition to improve the ranking of search results using codes of the Vienna classification (international classification of the figurative elements of trade marks).

Further information is available here.

 

New Guidelines for Examination of EU Trade Marks and Registered Community Designs

The first part of the revised European Union Intellectual Property Office (EUIPO) Guidelines has been adopted and will enter into force on February 1, 2017.

These Guidelines, which reflect EUIPO's practice in the most frequent scenarios, are the main point of reference for users of the European Union trade mark and design systems. 

This revised version has been fully updated with case law from the Court of Justice of the European Union and from the EUIPO’s Board of Appeal, thus increasing consistency of trade mark and design practice as well as legal certainty for users. 

Further information is available here.

 

Georgia joins TMview and DesignView

As of 7 July 2016, the National Intellectual Property Center of Georgia (NIPCG) has made its trade mark and design data available to the TMview and DesignView search tools.

With the addition of more than 28,000 trade marks from NIPCG, TMview provides information and access to about 40 million trade marks in total. DesignView contains more than 9.6 million designs, including almost 1800 from NIPCG.

Further information is available here.