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EU Court finds four-finger Kit Kat trademark not distinctive

In December of 2016, the EU General Court gave its decision in the Kit Kat four-fingered chocolate bar shape.  The EU General Court held that in order to obtain registration for a trademark which has acquired a distinctive character, the trademark applicant must prove that the relevant amount of people perceive the goods or services to be designated exclusively by sought trademark.

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Has the time come for better protection of scents?

Inarguably, smell is the most evocative sense that humans possess. We can be lured into additional purchases with Christmas, baking bread or brewing coffee scents, be transported back in time instantly with the smells of childhood and they invoke the strongest of memories and emotions. The unique scent of Johnson & Johnson's baby lotion reminds me of when my own children were small. Chanel’s Number 5 takes me further back to my own childhood along with Carr, Day & Martin’s Belvoir saddle soap, Cornucresine hoof salve and Kraft Macaroni & Cheese. I, along with many, many others can recognize scents associated with a huge variety of products more reliably than I could visually. In other words, smells are distinctive. Or at least in the everyday sense of the word.

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6 Famous One-Hundred Year Old Brands

Choosing a brand name and/or trademark can be a very difficult process. Ideally, your trademark should both represent your brand experience and be unique enough to qualify for legal brand protection. A company’s trademarks are very valuable intellectual property assets, and they must be carefully guarded and protected against unauthorized use by others.

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Trademark protection for product shapes

In trademark law, as in so many things, the answer to one question often spawns a whole new generation of questions as opposed to finalising matters. I suspect that the removal of the requirement within Europe for a graphical representation of a trademark at the time of application will be one of these. Whether a proposed mark is required to be represented graphically or not, it will still have to be communicated to the Intellectual Property Office at hand in a manner that will allow it to be cleared, registered and protected against infringement. The obligation to maintain a clear and precise register has not been removed along with it.

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Trademark Application Delays - China, US & Europe

China, the US and Europe are amongst the most popular regions for filing trademarks outside of your own domestic region. The three regions have very different regimes, filing systems and challenges and all of those factors play a role in determining how long it might take to secure a successful registration.

The Trademark Application Delays ebook provides a region by region analysis of the time taken to complete registration in a number of countries. The explicit factors affecting that  may include the system used in that particular office, opposed applications, missing deadlines, unpaid fees, and providing incomplete information. Our analysis relies on trademark application data received from trademark offices and not all offices consistently abide to conventions regarding the recording dates which can impact the accuracy of results.

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How Long Does It Take To Register A Trademark?

 How long does it take to register a trademark?

The trademark application process can be a long one - and certainly much longer than people applying for the first time (or the first time in a new region) might realise. There are some common factors that will impact your time frame to successful registration and an examination of these might help you to identify areas where you can speed up the process....although the average time will be largely dictated by the region in which you are applyingThere are some common factors that will impact your time frame to successful registration and an examination of these might help you to identify areas where you can speed up the process!

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A Global Perspective Of Blockchain In Trademarks

The rise of blockchain globally has been swift with the notable exception of China where such applications have now been made unlawful. While we can expect the number of related trademarks to continue to accelerate upwards, you can see quick snapshots of current trademarks which contain the word ‘blockchain’ in their goods and services description below:

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A Brief History Of Blockchain In Trademarks

Like every other ‘overnight sensation’, a lot of work was going on with blockchain behind the scenes before it suddenly appeared in the public consciousness. The start of the shift from a possible innovation to a business reality is marked by the beginning of a flood of trademark applications for a variety of blockchain products and services. But when did it begin and who were the early movers?

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