June 14, 2017

United Kingdom: New Trademark Laws in the Cayman Islands Effective August 1, 2017

The current law provided only for the registration of trademarks previously registered in the UK, as a European Union Trademark, or as an International Registration designating UK, which results in the extension of identical rights in Cayman with no provision for opposition. The new trademark law will make it possible for trademark proprietors to file for trademark protection without the need to re-register a UK or EUTM registration in the Cayman Islands. Cayman trademark registrations based on UK/EU trademark registrations will continue to have effect until the next renewal/expiry date and will fall due for renewal on the same date as the underlying UK/EU trademark. Future trademark renewals can be made independently. The renewal period of marks filed under the new law will be 10 years from the date of filing. Source:  HSM IP, Cayman Island and Caribbean IP, USA
June 14, 2017

Cambodia: Online Filing System of Trademarks Launched

A new online trademark registration system was launched in Cambodia, allowing for faster and more convenient filing.  The E-Filing platform can be used only for new trademark applications, while post application actions must be filed in person at the Department  of Intellectual Property.  This system is optional, as it will operate alongside traditional paper filing in person. An applicant with permanent residence or a principal place of business inside Cambodia can use this system.  For foreign applicants, the system can only be used through a registered Cambodian trademark agent. Source:  Abacus IP, Cambodia
June 14, 2017

Germany: German Court Delays UPC Ratification

The German Constitutional Court (Bundesverfassungsgericht) has delayed the ratification of the Unified Patent Court (UPC) Agreement.  The Process has been held up due to a constitutional complaint brought about by a private person, according to online magazine Legal Tribune Online.   Germany and the UK have not yet approved the deal, which requires 13 signatories including those two countries plus France before the UPC can be launched. Source:   WIPR
June 12, 2017

Jordan: Accession to Patent Cooperation Treaty (PCT)

The Accession Procedures of Jordan to the Patent Cooperation Treaty (PCT) with the Secretary General of WIPO have been completed. Accordingly, the Accession into the said Treaty entered into force, as of June 9, 2017. Thus, any PCT application filed on or after June 9, 2017 will automatically include the designation of Jordan; and the Jordanian nationals and residents will be able to submit international patent applications through the Jordanian Patent Office. Accession of Jordan to the Patent Cooperation Treaty (PCT) would benefit both the foreign and local applicants and would contribute to an increase in the number of patent applications filed with the Directorate of Industrial Property Protection at the Ministry of Industry and Commerce. Source:
June 7, 2017

Iraq: Revised Formalities for Trademark Registrations in Class 5

The Trademark Office in Iraq recently announced that a legalized copy of the home registration certificate must be submitted in support of trademark applications in Class 5 at the time of filing.  Marks that are identical to the name of the applicant are exempt from this requirement. Under the previous requirements, applicants were asked to provide the following information when filing a trademark application in class 5: (1) international non-proprietary name; (2) name of manufacturer;(3) name of distributor; and (4) product label. All of these previous requirements have now been dropped. Filing requirements for Class 5 include:  POA (legalized); copy of priority document, if priority is claimed, certified; copy of home registration certificate, legalized. Source:
June 6, 2017

Turkey: Implementing Regulations of New Law Enter Into Force

Effective April 24,2017 a new Law No. 6769 came into force related to the Protection of Industrial Property Rights. The new law replaces and repeals the Decree Laws on Patents and Utility Models, Trademark and Service Marks, Industrial Designs, and Geographical Indications which were previously adopted in Turkey. The new Law includes provisions on the protection of patents, integrated circuits, industrial designs, trademarks and trade names, which ensures that Turkey’s IP framework is now better suited to the needs of IPR owners, and is more harmonized with global practice.  The Law stipulates the restructuring of the internal organization of the Turkish Patent Institute, which was rebranded as the Turkish Patent and Trademark Office. Source:
May 31, 2017

Indonesia: New Regulation Clarifies Procedures under Amended Trademark Law

Assignment of Applications Indonesia’s new Trademark Law allows for a pending trademark application to be assigned during the application process, prior to registration. The old law did not allow for assignment of trademark applications; only registered marks could be assigned. The new law, however, does not allow every pending trademark application to be assigned. As explained by the Indonesian Trademark Office trademark applications filed before the enactment of the new Trademark Law on November 25, 2016, cannot be assigned until they are registered. The regulation affirmed this in Article 52. Thus, only pending trademark applications filed after the enactment of the new law can be assigned . This new Trademark Law No. 20 of 2016 on Marks became effective February 1, 2017. Formality Requirements for Renewals The new regulation also simplifies the formality requirements for trademark renewals, with Article 24 omitting the requirement to submit a copy of the trademark certificate. Source:  Tilleke & Gibbins
May 31, 2017

Finland: Increase in Official Fees for Trademarks Effective May 1, 2017

The Official fee for filing a trademark application for the first class is now EUR 225 if payment is made online, and EUR 275 if made by paper form.  The official fee for each additional class is now EUR 100.  The change went into force on May 1, 2017.
May 31, 2017

United Kingdom: Accession to the Hague Agreement Expected

The UK Minister for intellectual property recently stated that the UK will ratify and join the Hague Agreement for International Design registrations by March 31, 2018.  The service will come into effect on April 6, 2018.  As of now, UK-based applicants are able to apply for an International Design by virtue of being part of the EU. This separate ratification by the UK will ensure that UK-based applicants will continue to be able to file International Design registrations after the UK leaves the EU. Under the Hague Agreement it is possible to submit a single ‘International’ design application which covers selected states that are members of the Hague Agreement. By virtue of the UK joining the Hague Agreement, the UK will also be individually selectable from April 2018 as a designated state rather than only via an EU designation. Source:  SMD Country Index- Boult Wade Tenant, United Kingdom
May 31, 2017

South Korea: Design Protection Act Amended

Amendments to the Design Protection Act were published on March 21, 2017.  The grace period for design applications was amended from the present six-month period to one year.  The amendment also replaces the text “when filing a response to an office action issued by KIPO” with the following text: “until KIPO issues a final decision whether to grant a design registration.”  As such, the applicant will be able to claim the grace period at any time while the application is pending. These amendments come into effect on September 22, 2017. Source:  SMD Country