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The Turkish Court of Appeal and TÜRKPATENT’s diverging practices when it comes to implementing the acquired rights principle is a controversial issue. While TÜRKPATENT strives to harmonise its decisions with that of the Court of Appeal, it is critical for rights holders to consider this issue when asserting an acquired rights claim, even during the administrative proceedings. This is especially because, as of 10 January 2024, cancellation actions are now initiated before TÜRKPATENT as administrative proceedings and differing practice between these two bodies puts acquired rights claims at risk. You may read more through my article here: https://lnkd.in/dT_Nhnah #Türkiye #TurkishPatentandTrademarkOffice #TÜRKPATENT #courtofappeal #trademarkexaminationguideline #industrialpropertycode #decreelaw #IP #intellectualproperty #trademark #acquiredright #acquiredrightprinciple #criteriaforacquiredright #seriesmark #controversialissues #non-use #actualuse #serioususe #longtermuse #registration #similarity #likelihoodofconfusion #unfairadvantage #dispute Stock Intellectual Property Services A.S. World Trademark Review

"Unlocking the Secrets of Trademark Registration in Cyprus!" 🛡️ Dive into the legal intricacies of protecting your brand with our latest article. Learn how to navigate the Cyprus trademark registration process and safeguard your intellectual property. Stay ahead of the game and secure your brand identity today! #yiorkaslaw #Trademark #CyprusLaw #BrandProtection"

Ready to take your understanding of Jordanian Trademark Laws to the next level? Our latest article, "Jordanian Trademark Laws: An Advanced Perspective," is here to guide experienced IP Lawyers through the intricacies of trademark protection in Jordan. Don't miss out!! #Jordan! #IP #Trademark #LegalInsights #Jordan #Expertise #arabcoutries #IPLaw #TrademarkLaw #IntellectualProperty #LegalExperts #Lawyers #trademarkowners https://lnkd.in/detw3iQ5

Finally the regulation giving the cancellation authority of the trademarks to Turkish Trademark Office (TPTO) came into force on 10 January 2024 and will be valid for the cases which will be filed starting as of this date.  TPTO is the sole authority as of 10 January 2024 regarding the cancellation actions and starting from this date, it is no more possible to file them before the Local Courts in Türkiye. Still, the decisions of TPTO related to cancellation actions (like all the decisions of TPTO) can be appealed before the Local Courts.  However, this new regulation will have no impact on the pending cases already filed before the Local Courts and they will be heard till the end before the Civil Courts of Intellectual and Industrial Property Rights. Once the Case is concluded, the Local Courts will send the final decision to TPTO ex officio. On the other hand, this regulation scopes only the cancellation actions and the invalidation actions will continue to be filed before the Local Courts. Unfortunately, today the detailed information regarding this administrative way, such as the fees for filing the cancellation actions, approximately how long the procedure will take, by which Commission the cases will be held etc., is unclear. For the moment it is only possible to file a cancellation action on TPTO’s web page as a “pre-application” without making a payment. Updates will follow!

The evolution of trademark cancellation and revocation procedures https://lnkd.in/egpCUJyc Florina Firaru of NNDKP considers the latest updates of the law from Romania. #trademark #cancellation #revocation #nndkp

The Parliament of the Republic of Moldova has taken a significant step towards aligning its trademark protection system with European standards. In a decision, the Parliament has voted in favor of the Draft Law on Trademarks in its second reading. The new law fully transposes the provisions of key EU directives, including Directive (EU) 2015/2436 and Directive 2004/48/EC. This alignment brings Moldova's trademark laws in line with European standards, enhancing legal clarity and consistency. The Draft Law introduces several procedures to streamline trademark registration. Notable aspects include: • Examination Procedure: Applications for trademark registration will undergo ex officio examination based solely on absolute grounds for refusal by the State Agency on Intellectual Property (AGEPI). • Opposition Procedure: Relative grounds for refusal will be addressed in the opposition stage, allowing previous trademark owners to assert their rights. A dedicated commission will handle opposition applications. • Absolute Grounds for Refusal: The law revises absolute grounds for refusal, incorporating protections for traditional terms in wines and traditional specialties. • Goods and Services Classification: Applicants must clearly identify goods and services in accordance with the International Classification of Goods and Services, ensuring precision in trademark protection. • Forfeiture and Nullity Procedures: AGEPI will oversee procedures for the forfeiture of rights or declaration of nullity, offering a streamlined process within the agency. • Procedural Deadlines: The exclusion of ex officio examination for relative grounds will expedite the examination process, reducing procedural timelines. Upon publication in the Official Gazette of Moldova, the provisions of the law will come into force after three years, allowing stakeholders time to adapt to the new regulatory framework. The adoption of the Draft Law on Trademarks marks a significant landmark for Moldova, showing a commitment to modernizing its intellectual property framework in line with international best practices. If you have any inquiries regarding intellectual property matters, please don’t hesitate to contact us at mail@so-ipr.com. #Moldova #IntellectualProperty #SOIP

I'm pleased to share that the World Trademark Review (WTR) has published the first edition of the WTR Trademark Prosecution Review. This document offers a comprehensive overview of the best strategies for securing trademarks across various regions, including the Americas, the Asia-Pacific, and Europe, the Middle East, and Africa. It provides a detailed look into the prosecution landscape in key markets and serves as a valuable reference for understanding trademark law in different jurisdictions. Thank you to the WTR team for creating this important resource. I highly recommend it to anyone involved in trademark prosecution or seeking to expand their knowledge in this area. For more information about trade mark law in Australia see: https://lnkd.in/gw6iK6Wb #Trademark #IntellectualProperty #WTR #TrademarkProsecution #GlobalMarkets #LegalResources #IPLaw

Trademark Opposition in Myanmar In #Myanmar, under Trademark Law 2019, an #opposition for a trademark can be filed with the registrar, the Department of Intellectual Property (DIP). For the opposition of the trademark, any person who wants to oppose the registration of the trademark shall, within #60 days from the date of #trademarks journal publication, file a notice of opposition with the registrar. The trademark can be filed for opposition based on the grounds that a mark is lack of distinctiveness, descriptiveness, identical with or similar to an already registered mark, or is likely to mislead the public. Please kindly read the details as below: https://lnkd.in/g_r-eJTm

In 2018, the Danish fast-food company Jagger Junk applied for a European trademark. Still, Musidor BV, which manages the Rolling Stones' rights, opposed the application, citing similarity with "Mick Jagger." The Danish company filed a cancellation action against Mick Jagger's trademark, arguing non-use. In June 2024, the European Union Intellectual Property Office (EUIPO) cancelled Mick Jagger's trademarks due to bad faith registration without the intention of actual use. - In Argentina, a similar practice known as "repeat trademark filings" involves registering insignificant modifications of the same trademark to maintain its registration and protect it from non-use cancellation. European and Argentine trademark laws require genuine trademarks for registered goods and services to ensure legal protection.

How to protect trademark in Vietnam? Trademark protection in Vietnam is initially obtained through trademark registration. Trademark opposition could be filed to prevent a pending application for a mark from being granted application. Litigation is the final measure to handle dispute during trademark protection in Vietnam. #TrademarkprotectioninVietnam #Trademark #RegistertrademarkinVietnam