Oppositions & Appeals

One fundamental aim of every civil justice system is the efficiency, assuring that any administrative or judicial institution be capable of decide in a timely and cost-effective manner, without compromising the quality and legitimacy of the process, which is known by the principle of procedural economy or judicial economy.

This principle is particularly important in the context of the European Union, where multiple institutions, including the European Commission, the European Parliament, and the Council of the European Union, are involved in the decision-making process.

Inventa contributed to this latest edition, providing an overview of trademark legislation and regulations in Portugal, including requirements, timelines, oppositions and other related rights.

As the first national trademarks granted in Cape Verde celebrate 10 years of being in force, the country is in the early stages of strengthening its national system of IP protection.

While Cape Verde does not yet belong to any major IP treaty enabling the registration of IP rights, trademarks filed directly with Cape Verde’s IP Office (IGQPI) have provided local and foreign applicants with legal protection.

Changes in São Tomé and Príncipe's trademark regime – including a detailed opposition process - came into force in 2017. Below are the key points of the system, including all the major deadlines.

Refusal grounds

A trademark may be refused in opposition proceedings on the following grounds:

In the latest IP judgment to be handed down in South Africa, the Supreme Court of Appeal has dismissed an appeal by Koni Multinational Brands against a court decision ruling that its Connie men's shower gel products are confusingly similar to those of Nivea.

The products and their devices are depicted below.

For the past seven years, fashion retailer Truworths has had its eye on the PRIMARK trademark. In 2018 it successfully cancelled Primark Holdings’ UK mark for non-use and in 2019 the company applied for its own version of the mark. Truworths CEO Michael Mark has now announced that it will launch 15 stores in the next few months in an attempt to adapt to changing shopping habits following the covid-19 outbreak.

Background

With the aim to improve Trademark opposition procedures in Nigeria, the Country’s Federal Ministry of Industry has recently announced the opening of a new Trademark Tribunal.

Working closely with the Registry of Trademarks, the institution will have a competent team to deal with administrative procedures, related to Trademark Oppositions. This is expected to accelerate the processes and to alleviate the current delays regarding opposition matters.

The Sudanese Trademark Office has recently announced the dissolution of its Appeal Committee.

This means that from now on, in accordance to article 16 (2) of the trademark's act, any refusal by the Registrar to register or to make an amendment, modification or limitation to a national trademark, or to an international trademark filled by the Madrid System, shall be subject to appeal to the court.

Article (16) of the trademark's act stipulates the following:

The conflict between the Club and the Public Limited Sports Company (a special Public Limited Company 'SA' in Portugal to improve financial management and transparency in sports clubs known as SAD) of the historic Club of Lisbon had one more development following the end of the protocol signed by both entities, after which the first announced the registration of a senior football team in the district

Some of the main changes relating to trademarks in Mexico, approved last month, introduce more flexibility on the registration requirements.