Prosecution

The secession from Ukraine and consequent annexation to Russia of the territory of Crimea has resulted in the integration into the economic, financial, credit and legal system of the Russian Federation.

The treaty of March 18, 2014 that determined the terms of the annexation to Russia envisaged that Russian patents and trademarks would be valid and enforceable in the territory of Crimea, on the contrary to Ukrainian patents and trademarks which would no longer be considered valid or feasable.

New developments from Kit Kat and Lindt trademark cases.

Following Cadbury’s efforts to oppose the registration of Kit Kat’s 3-dimensional 4 finger chocolate bar trademark in the United Kingdom, the European Union Court of Justice (EUCJ) has issued a decision past September 16th.

The British government intends to introduce a new legislation that would enable registered UK and European Community design holders with the option to mark their products with the address of a website that links to the relevant registered design numbers. The initiative counts with the support of several interested parties within the intellectual property community.

As from the 31st of October, 2015 trademark applicants in Algeria will be able to make better use of the Madrid Protocol for the International Registration of Marks. The Algerian government placed its instrument of accession to the Madrid Protocol with the Director General of The World Intellectual Property Organisation (WIPO) on the 31st of July this year. This proves beneficial to trademark owners in Algeria as they will now gain full access to the jurisdictions covered by the Madrid Protocol for International trademark protection.

The House of Assembly of the British Virgin Islands has passed a new Trademarks Act on the 30th of April 2013. This legislative measure will bring extensive changes to Intellectual Property in the region and it will effectively come into force on the 1st of September 2015. The implementation of the new act will substitute the current Trademarks Act (Cap. 158) dated all the way back to 1887 and the United Kingdom Trademarks Act (Cap. 157) of 1946.

Business Magnate and 2016 Republican candidate to the White House Donald Trump has desired to add some new trademarks to his collection.
Trump’s entourage filed applications to trademark “Trumpocrat” and “Trumpublican” through the U.S. Patent and Trademark Office (USPTO). According to the USPTO’s database, the trademarks are to present day classified as “abandoned”.

One of our IP attorneys from our Portugal office, Master Vitor Fidalgo, was yesterday distinguished with the First Award "Professor José de Oliveira Ascensão" as part of his Master's thesis entitled "Compulsory licenses of Industrial Property Rights".

In March 2014 an Irish fast food chain filed a Community trademark (CTM) application seeking the protection of its commercial distinctive sign “Supermac’s”.

Having a three month period to do so, McDonald’s filed an opposition against this application in July 2014. The giant fast food chain, having several CTMs covering, among others, classes 29, 30 and 43, which comprises food and drink products and services, stated that these two trademarks would confuse consumers.

It is noteworthy that these two trademarks have been co-existing in Ireland since 1978.

In order to update trademark files, The Angolan Intellectual Property Office (IAPI) issued a notification, requesting all applicants and/or attorneys of trademark applications numbered from 1 (one) to 5000 (five thousand) to present the following documents:

1) Copy of the official filing receipt or application request;
2) Power of Attorney;
3) Certificate of Incorporation, proving the company's commercial activity in its native country;
4) Renewal applications, if any;
5) Changes in ownership or applicant's name/address, if any.

Since 2011 the Ministry of Trade and Industry from Kurdistan is claiming that Iraqi trademark registrations before Iraqi PTO in Baghdad no longer cover Iraq jurisdiction. Now, the State Council of Iraq has issued an opinion clarifying this question, informing that there is no longer possibility of extending the trademark registrations from Iraq to Kurdistan. In this sense, Kurdistan is now a completely independent IP jurisdiction and the protection have to be sought directly before Kurdistan authorities.