News

August 31, 2016

Argentina: Official Fees Increased

An increase in official fees in Argentina became effective on August 18, 2016, with a second increase to become effective on October 1, 2016.  The new official trademark filing fee is ARS 1,000 per class; no special fees for additional classes.   Effective October 1, 2016, the official trademark filing fee will be ARS 1,200 per class.
August 31, 2016

South Korea: Major Amendment Made to Korean Trademark Act Effective September 1, 2016

The National Assembly has approved a major amendment to the Korean Trademark Act which will go into effect on September 1, 2016.  This is the first comprehensive amendment to the Act in 26 years.  Some highlights follow: Delayed evaluation of similarity to senior marks Elimination of one year ban against registering marks similar to expunged marks Expanded restrictions against applications filed by agents Limitations on trademark rights clarified “Electronic use” of trademarks acknowledged as one of the recognized types of use Broader ground for rejection of cancellation marks Source:  Kim & Chang, South Korea
August 31, 2016

Thailand: Amendments to Trademark Act Effective July 28, 2016

Amendments to Thailand’s Trademark Act became effective on July 28, 2016.  They introduce a number of changes that will set the stage for Thailand to accede to the Madrid Protocol in 2016.  The changes also reduce the opposition period from 90 days to 60 days from the publication date of the application. The new official fee for filing a trademark application is now THB 1,000 per one item up to five items, and from the 6th item THB 9,000 per class.  The official registration fee is now THB 600 per item of up to five items, and from the 6th item THB 5,400 per class.  There is no publication fee. Source:  www.kass.com.my
August 31, 2016

Australia: Official Fees Increased

For patent renewal fees paid by approved means, there will be no increase until the 10th year anniversary.  From the 10th to 14th anniversaries there will be a $50 increase in fees paid by approved means (from $500 to $550), from the 15th to 19th anniversaries, a $130 increase (from $1,120 to $1,250), and from the 20th to 24th anniversaries, a $250 increase (from $2,300 to $2,500. These increases reflect the balance between both innovation and cost recovery policy objectives. Effective October 10, 2016 the official trademark application fee for filing online will be AUD 250 per class with pick list and AUD 330 per class without pick list.  There will no longer be any registration fees charged. The Trade Mark renewal fee (online services) per class will increase from $300 to $400; the Trade Mark renewal fee (paid by other means) per class will increase from $350 to $450.  The Madrid import renewal fee per class will increase from $300 to $400. The TM renewal fee will increase by $100 to partially offset the removal of the $300 registration fee. Source:  www.ipaustralia.gov.au  
August 30, 2016

Mexico: Trademark Opposition System Effective as of August 30, 2016

The implementation of the opposition system in Mexico entered into force on August 30, 2016.  It is expected that this new system will create a more interactive environment between trademark owners and lead to more accurate decisions by the trademark examiners. The new opposition system is a great opportunity for filing information, evidence, and documentation that will allow the MTO to better assess the registrability of a distinctive element in a new application, and lessen the possibility of the MTO granting a new registration that could infringe or jeopardize previously granted right Some highlights of the new system include:   Following receipt of the trademark application, the Mexican Trademark Office’s (MTO) shall proceed, within 10 business days, with its publication in the IP Gazette. Anyone who considers that a trademark application violates the Industrial Property Law provisions will have the opportunity to file an opposition within one month of the date of its publication in the Gazette. No extension of the one month opposition period is allowed. After the one month opposition period expires, a list of those applications that were opposed will be published in the Gazette within the following 10 business days.  
July 26, 2016

Thailand: New Amendment to the Trademark Law Published on April 29, 2016

A new amendment of Thailand’s Trademark Laws was published in the Royal Gazette on April 29, 2016. The new Trademark Act will enter into force on July 28, 2016.  Thailand has adopted the multi-class system and also introduced a new fee schedule. The protection period of the mark remains unchanged (10 years from the registration date and renewable every 10 years).  
July 26, 2016

Germany: Amendments to Trademark Regulation in Force

The German PTO announced amendments to the trademark regulation that became effective June 24, 2016.  The changes include:   Colored trademarks and black & white trademarks need to be submitted in the way they were intended to be registered.  It is no longer possible to request a black & white trademark registration when a colored version has been submitted.   Colored trademarks are now recognized as its own trademark type and covered by its own paragraph.   For trademarks including non-Latin characters, a translation, transliteration and transcription needs to be submitted with the trademark representation.   Source:  dpma.de
July 26, 2016

European Union: EU Trademark Applications Continue to Increase Annually

  In 2015, 70% of the 130,385 trademark applications received by the EU’s statistical office came from EU member states.   The highest number of applications originated from Germany at 20,447, followed by the United States at 16,881 and the UK in third place at 12,527.  Other countries with a high ranking number of applications were Italy, Spain and France.   The greatest number of non-EU countries (apart from the US) came from China, Switzerland, Japan and South Korea, which all numbered in the thousands.   The 89,240 applications made by EU member states represents a four-fold increase since 1996.
July 25, 2016

India: New Numbering System in Effect as of 1/1/2016

Effective January 1, 2016 the Indian Patent Office introduced a new numbering format when issuing application numbers for patents. The numbers now contain 12 digits; the first 4 numbers stand for the year the application was filed.  The 5th digit stands for the Jurisdiction of the Patent Office (1 for Delhi, 2 for Mumbai, 3 for Kolkata, 4 for Chennai).  
June 15, 2016

Albania and Georgia: Joined TMclass Effective May 30, 2016

As of May 30, 2016, the Albanian General Directorate of Patents and Trademarks (GDPT) and the Georgian National Intellectual Property Center (SAKPATENTI) joined TMclass. Source: www.euipo.europa.eu