Recently China has introduced some amendments to its trademark law which main aim is to fight against the widespread practice in the country trademark applications to be filed in quantity without any intention for real use.
Because of this, according to the new amendments, every applicant will have to declare intent of use otherwise the application will be refused. What’s more, this will be a ground for oppositions and invalidations against the mark. So far, if one trademark has not been used for 3 years it can be subject to invalidation. Now, this can happen even earlier.
Apart from this, damages awarded by the courts in case of trademark infringements are increased significantly. The procedure for ceasing and destruction of countrified goods becomes more efficient.
As it is well-known the Chinese tech company Huawei has serious problems recently in the light of the trade conflict between The US and China. After a decision by Donald Trump, many US companies were been pushed to limit its work with Huawei.
One of those companies is Google which has announced that the Chinese company won’t be able to use its Android OS in the future. That’s why Huawei considers launching a new replacement OS for its smartphones called HongMeng.
Because of this Huawei has filed many trademark applications for that name in different countries around the world such as The UK, Norway, Switzerland, The EU, Philippines, etc. The US, however, is not one of them so far.
WIPO reports about new individual fees payable for designation of Denmark in international applications for trademarks. These fees, which will come into force on 01.07.2019, are as follow:
EUIPO reports about a new option introduced by the Australian Patent Office for e-filing of trademark applications. This will facilitate significantly the trademark registration process in the country.
WIPO informs about the accession of Canada to the Hague Agreement for international registration of industrial designs. This makes Canada the 55th member state. The agreement will come into force for the country on 05.11.2018.
As it is well-known the Hague Agreement gives an opportunity for an easier filing of international applications for designs.
The concrete accession is one more step by Canada to facilitate all international applicants of intellectual property after the accession to the Madrid Protocol for international protection of trademarks.
WIPO reports about new individual fees payable in case of international applications for trademarks with New Zealand as a designated country.
The new fees that will come into force on 02.06.2018 are as follow:
More information here.
EUIPO reminds, in its last edition of Alicante news, about some important requirements for registration of EU industrial designs, non-compliance with which can lead to a detrimental effect on the design applications. They are:
1. Representation of the design – every design has to be represented in a way that it can be perceived correctly by the Office and third parties. The representation of the views must consist of a graphic or photographic reproduction, for one and the same design, and on a neutral background and in good quality. When the representation requires including external elements visible in the views but not intended to be protected, the representation should contain a clear graphical disclaimer. The design should be represented by at least one view and the maximum number of protected views is 7 per design. Additionally 3 unprotected and not published views may be submitted.
2. Product indication of the design – the Classes of products for which the design will be registered have to be identified correctly and precisely. Applicants can use DesignClass in that regard, which can help a lot.
3. Priority & missing documents – all documents for claiming priority over a design application have to be submitted on time to the Office. Other than that, the applicant can lose its priority date. The application must concern the same design to confer to the proprietor the right to claim for priority. When filing a Community design application, the owner can request its publication to be delayed for a period of up to 30 months. The design can, therefore, be kept confidential until the applicant is ready to disclose it. The request for deferment must be made on the initial application form; later requests (even on the same date) will not be accepted.
Source: Alicante news.