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The Court Can Investigate Evidences to Ferret Out the Truth Ex Officio within the Range of the Same Invalidation Evidence
Fact An invalidation action against the patent at issue was filed for the violation of Patent Act Articles 23, 31.I and 22.IV in effect at the time of the said patent being approved. After examination, TIPO deemed the patent at issue violates Patent Act Article 22.IV (lack of inventive step) and that Claims 1~6 of […]
Libya – Issuance of Registration Certificates
TRIPOLI – This is to confirm that the Libyan Trademark Office (LTMO) has started issuing registration certificates as well as accepting renewal applications since 1 October 2015. Accordingly, any applications that have matured to registration (published and no oppositions raised) and that are still valid, a registration certificate will issue once payment of the official […]
Lack of Novelty and Lack of an Inventive Step are Different Reasons for Patent Invalidation
Lack of novelty and lack of an inventive step are different reasons for patent invalidation. So, new evidence does not need to be considered and examined. Fact The Intervening party (patentee of the Utility Model patent) filed a utility model patent application up to the Defendant (TIPO), and was granted through formality examination. The Plaintiff […]
China – Reduction of Official Fees for Trademark Registrations
This is to advise that the Chinese Trademark Office announced in early October 2015 that the official fees for filing a trademark application will be reduced effective 15 October 2015. The official fees for filing one trademark application in one class would have been CNY800 (USD126) before the effective date and will now be CNY600 […]
IP news from Nigeria, Qatar and British Virgin Islands
Nigeria – Starting to Digitize Physical Files on October 2015 ABUJA – The Registry for Trademarks, Patents & Designs, Commercial Law Department, Federal Ministry of Industry, Trade & Investment, will commence the digitization of its Trademarks data from 1 October 2015. The objectives for capturing the data and digitising are: Modernize and accelerate work process […]
USPTO Opens New Regional Office in Silicon Valley to Empower Entrepreneurs and Create Local Jobs
The United States Patent and Trademark Office (USPTO) opened a new office yesterday in the heart of the nation’s most celebrated hub of technological innovation: California’s Silicon Valley. “This new office allows the USPTO to create new high-skilled jobs, while also working closely with the West Coast Region’s vast array of innovative industries to expedite […]
USPTO INSTITUTES PILOT PROGRAM TO ADDRESS CHANGES IN TECHNOLOGY – Part II
On 12 October we published the first part of “USPTO INSTITUTES PILOT PROGRAM TO ADDRESS CHANGES IN TECHNOLOGY“, reported by Mary B. Aversano. Below is the second part of this useful publication. Important notes: Replacement of old goods with new evolved goods: Amendments are permitted when the trademark owner can show use in connection with the […]
USPTO INSTITUTES PILOT PROGRAM TO ADDRESS CHANGES IN TECHNOLOGY – Part I
There have been protests in the trademark community that trademark owners must unnecessarily relinquish registrations or parts of registrations if the manner or medium of the goods/services (collectively “goods”) changed because of technology. An example is a mark originally registered for use in connection with 8-track tapes. Because of changes to technology, the mark owner […]
IS IT A PUMPKIN OR JACK-O-LANTERN – Part II
On 29th September we published the first part of the “Is it a pumpkin or Jack-O-Lantern“, an interesting publication about design marks. We present to you Part II. Key Word Searches: But what if the design does not exactly fit into one of the 24 categories? For example, a mark is described as a “jack-o-lantern” […]
Announcement of Pilot Program to Allow Amendments to Identifications of Goods and Services in Trademark Registrations Due to Technology Evolution
Announcement of Pilot Program to Allow Amendments to Identifications of Goods and Services in Trademark Registrations Due to Technology Evolution On September 1, 2015, the USPTO will commence a pilot program to allow, under limited circumstances, amendments to identifications of goods/services in trademark registrations that would otherwise be beyond the scope of the current identification. […]
Bulgaria is flooded with counterfeit goods
The Patent Office of Republic of Bulgaria, through its three officers authorized to identify infringements, committed numerous inspections throughout the country for the first nine months of the year. The inspections were done in accordance with the Office obligations to provide administrative and penal protection of the rights arising from the registered trademarks and industrial […]
USPTO Proposes Substantial Rule Changes for Post-Grant Proceedings
The United States Patent and Trademark Office has proposed a substantial number of amendments relating to the rules governing AIA post-grant proceedings, including inter partes review, post-grant review, covered business method patent review, and derivation proceedings. The new rules are intended to reduce the workload of the USPTO’s Patent Trial and Appeal Board (PTAB), which […]
IS IT A PUMPKIN OR JACK-O-LANTERN – Part I
One of the more challenging aspects of clearing a design mark in the United States is finding similar marks that have already been registered with the United States Patent and Trademark Office (“PTO”). Unlike searching words or phrases, designs are given codes (“coded”) based on 29 Categories found in the PTO’s Design Search Code Manual. […]
Legal Affairs MEPs call for better protection for traditional know-how
Geographical indication (GI) protection should be extended to regionally and locally manufactured goods and handicraft products rooted in traditional know-how so as to preserve local cultural heritage and boost growth, say Legal Affairs Committee MEPs in a non-legislative resolution voted on Tuesday. MEPs urge the Commission to propose a single European geographical indication protection system […]
Pasting Trademark Labels on Invoices is Deemed Sufficient Use of A Trademark
An individual filed the trademark at issue designating “watches” in Taiwan which was registered on January 01, 1961. After conducting renewal and assignment for several times, the current trademark owner is “FORMOSA WATCH CO., LTD.” (hereinafter “the intervening party”) The Plaintiff requested to revoke the trademark at issue based on the reason that it had […]