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: sabaip.com
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: SabaIP.com
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
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.
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
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 Index-www.kimchang.com
The Indonesian Patent Office announced that each patent annuity payment must be accompanied with an original Power of Attorney at the time of payment. A separate Power of Attorney is needed for each case. A general Power of Attorney is not sufficient.
In February of 2017 the JPO decided to accept the registration of two trademarks consisting only of colors. Since April 2015 Japan has accepted certain types of new trademarks consisting of sounds and colors. The most recent trademarks accepted were those for the storefront sign of a convenience store chain and the logo colors of certain eraser products, both of which are well-known logos among Japanese consumers. Using marks with distinctive colors as a way of enhancing the strength of a brand could be very beneficial to companies.
The Ministry of Economic Affairs and Employment approved the Patent and Registration Office’s (PRH) proposal for changes to some of its fees effective May 1, 2017. Changes include: Annual Fees: For years 1 to 3 no change. Decrease in years 4 and 5. Increase in fees from years 6 to 13 and no change for years 14 to 20. Additionally, 15 patent claims can be included in the applications without any additional fee. The current number of claims is ten.
Effective March 2017 official fees for all IP matters increased 7 percent. This affects new applications only. Pending matters remain under the old prices before the increase. The new official fees for filing a trademark application are now EUR 164,81 for up to three classes and EUR 25.58 for each additional class. Source: NJQ & Associates, Jordan