News

September 19, 2017

Philippines: Amended Rules/Regulations on Trademarks Effective August 1, 2017

Philippines:  Amended Rules/Regulations on Trademarks   Effective August 1, 2017 the Memorandum Circular No. 17-010 took effect which requires the DAU form to be filed at the following milestones:   Within three (3) years from the date of filing of the trademark application. Within one (1) year from the fifth (5th) anniversary of the registration of the mark, and Within one (1) year from the date of renewal; and Within one (1) year from the fifth (5th) anniversary of each renewal.   Please note that the new requirement of filing the DAU within one (1) year of renewal only applies to registered marks that are due for renewal on or after January 1, 2017, regardless of the filing date of the Request for Renewal.  The submission of the DAU within one (1) year from the date of renewal is required for maintaining the registration.   Source:  Mirandah Asia
September 19, 2017

Thailand: Applications for Sound Trademark Registration Accepted Effective September 1, 2017

Effective September 1, 2017 the Thai Department of Intellectual Property will accept applications for sound trademark registration, as provided for in Ministerial Regulation No. 5 B.E. 2560 (A.D. 2017), issued under the Trademark Act B.E. 2534 (A.D. 1991) To apply to register a sound trademark, clause 11 of the Ministerial Regulation requires applicants to submit the following items, in addition to the list of goods or services: A detailed written description of the sound and specifying whether the sound is categorized as a human sound, an animal sound, a piece of music/melody, or other type of sounds, and An audio recording of the mark in a digital file format, such as MP3, saved on a USB flash drive, with a maximum length of 30 seconds. Applicants may also submit musical notations or a spectrogram of their sound as part of their application if they choose. To be eligible for registration, sound trademarks must not directly represent a product’s properties, or be sounds naturally made by the product or made as part of the product’s usage or operation (e.g., the sound of cows cannot be registered as a sound for dairy products.) Source:  Tilleke & Gibbins
August 23, 2017

Protecting Your Intellectual Property

Read Olcott’s article “Protecting Your Intellectual Property” featured in German American Trade Quarterly Magazine.
August 7, 2017

Oman: Officially Adopts the Gulf Cooperation Council Trademark Law

  Effective July 31, 2017 Oman has officially adopted the Gulf Cooperation Council Trademark Law.  The decision was published in the Official Gazette on July 30, 2017.  Issuance of the Implementing Regulations will be forthcoming, and it is expected that there will be a significant increase in official fees.   Source:  Saba IP
July 13, 2017

Madrid: E-Renewal System Improved

WIPO recently announced that the e-renewal system has been improved.  The service allows for the renewal of the international registration of a mark, including during the grace period. Online requests for renewals are now available three months prior to the expiration of the international trademark registration.  After paying through the e-Renewal system, requests will not be affected by any subsequent fee changes. With this improvement the cost of the renewal can be predicted with greater accuracy and certainty.   Source: www.wipo.int
June 14, 2017

Common Regulations under Madrid Agreement and Madrid Protocol Amended

Madrid System:   Common Regulations under  Madrid Agreement and Madrid Protocol Amended According to WIPO the amendments to Rules 12, 25, 26, 27 and 32 of the Common Regulations under Madrid Agreement and Protocol and item 7.4 of the Schedule of Fees will enter into force on July 1, 2017. Source:  www.wipo.int
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: jordan@smas-ip.com