Bahrain Accepts Service Marks

The Bahrain Trade Marks Office began on 25th December 2004 to accept applications to register service marks in Classes 43, 44 and 45 inline with the Eighth Edition of the Nice Classification System.  However, applications filed in the new classes will not be published in the official Gazette until the new trade mark law has been implemented.

Chile Publishes New Industrial Property Legislation

A new Industrial Property Law has recently been published by the Chilean government to harmonise the national law with the Agreement on Trade Related Aspects of Industrial Property Rights (TRIPS).  The legislation will come into effect later this year once the corresponding regulations are published.  The legislation strengthens intellectual property protection and extends the protection to new types of subject matter.  The legislation recognises for the first time Geographical Indications and Designations of Origin in respect of wines. 

The new legislation provides for registration of trade marks on the basis of acquired distinctiveness and has strengthened protection for famous and well-known marks by granting the owners the right to bring an opposition against similar marks provided that use of the mark will result in damage to the right holder’s interests. 

The new legislation also provides the courts with a new suite of precautionary measures to prevent infringement of Intellectual Property Rights.  Moreover, the legislation establishes new civil remedies allowing the owner of an Intellectual Property Right to restrain acts in violation of a right, compensate the owner for damages sustained, prevent continued infringement and order the publication of a decision at the expense of an infringer.

Turkish Patent Institute announces registration of well-known marks

The Turkish Patent Institute recently announced a new system for registration of well-known marks. The Patent Institute has devised eighteen criteria to be used to assess whether a mark is well-known. Marks granted well-known status will be registered as “well-known” either for all classes of the Nice Agreement or in respect of classes of goods and services which are related to the industry in which the mark is used. If a claim that a mark is well-known is made in Office or at proceedings it is likely that the tribunal will refer to the list of registered well-known marks and less weight may be given to the claim if the mark is not registered. Registration provides an advantage to strengthen the case of owners of well-known marks both in the Turkish Patent Institute in opposition cases and the Turkish courts in cancellation, infringement and unfair competition cases

Colombian Customs Authority announces trade mark ownership directory

The Colombian Customs Authority, DIAN, has established a database known as the Trade Mark Ownership Directory to enable customs officials to contact the owners of trade mark registrations when goods entering Colombia are suspected to be counterfeit goods. The directory brings into effect Decision 486 of the Commission of the Andean Community designed to provide for customs seizure of counterfeit goods. This directory may prove to be a useful tool in dealing with counterfeit products in Colombia. Contact us if you would like to know more about costs and procedures.

Cape Verde, Sao Tome & Principe and East Timor

It is not yet possible to protect trade marks in these territories through registration. However, protection is obtained to an extent through the placing of “cautionary notices”. We can handle placement of these notices and offer a special rate where we handle the three territories together.

Extensions of UK Rights

It is no longer possible to extend a UK registrations to cover Belize, St. Kitts-Nevis, St-Lucia or St. Vincent. A current UK extension in these jurisdictions will continue to be in force until it expires. Such registrations can be renewed and cannot be superseded by a local registration.

Morocco and Tangier

A new law came into effect on 18 December 2004 concerning these two territories. In short, a new unified law has been introduced which covers both countries and the previous laws applicable to each country respectively have been abolished. Trademark and industrial design registrations and applications in either one of these territories, dated prior to the new law coming into effect, will now automatically extend to the other territory.

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