Welcome to our Weekly IP Update at BananaIP Counsels. In this edition, we explore the latest developments in intellectual property. Our team, including experienced patent attorneys and IP experts, carefully gathers and analyzes these updates to provide you with a thorough understanding of the current trends and changes in IP.
EUIPO Launches Free Mediation Centre for IP disputes
On 22nd November 2023, Executive Director João Negrão officially launched the EUIPO’s Mediation Centre. The Mediation Centre aims to provide alternative dispute resolution (ADR) services for intellectual property disputes free of charge. The Mediation Centre plans to offer a range of ADR services, including mediation, conciliation and expert determination. These services are available to all parties involved in disputes before the EUIPO for the second time. Additionally, SMEs may request ADR for first-time proceedings (oppositions, cancellations and invalidities). This service will be gradually extended to all users in a phased approach during 2024 and 2025. For this purpose, EUIPO has also created an online ADR platform to enhance accessibility, allowing mediators and parties to interact virtually in a secure and confidential environment and ensuring convenience for all parties involved in the dispute resolution process.
Source: https://www.euipo.europa.eu/en/news/euipo-launches-new-mediation-centre-for-ip-disputes
Killswitch files a Trademark application
Luchasaurus, who is a popular American wrestler, has officially filed a trademark application to secure his new ring name, ‘Killswitch’, on November 25th with the USPTO. This trademark application is specifically intended to cover the categories of shirts, hats, sweatshirts and other merchandise.
Source: https://uspto.report/TM/98284632
USPTO Implements Separate Design Patent Practitioner Bar
The USPTO is implementing a new rule creating a separate design patent practitioner bar. This bar will focus exclusively on design patent proceedings, requiring practitioners to meet specific criteria. This practitioner’s bar is expected to expand the pool of qualified individuals for design matters and potentially upgrade the quality of design patent examiners.
Source: https://content.govdelivery.com/accounts/USPTO/bulletins/37b1e60
USPTO replaces the Trademark and Patent Assignment Services with the Intellectual Property Assignment System (IPAS)
The USPTO is modernizing its Electronic Trademark and Patent Assignment Systems and consolidating them into one new system: the Intellectual Property Assignment System (IPAS). This upgrade will provide improved customer service, allowing the USPTO staff to track request statuses, record data, and issue reports from one secure cloud-based platform. The new system will be available to customers starting on January 15, 2024.
SAIP CEO visits Japan
The CEO of the Saudi Authority for Intellectual Property (SAIP), Dr. Al Swailem, recently visited the Japan Patent Office (JPO) Commissioner, Mr. HAMANO Koichi on November 16 as part of the “Saudi-Japan Vision 2030”. This initiative was formulated in 2017 as a guidance framework for the enduring strategic alliance between Japan and Kingdom of Saudi Arabia, and to foster collaboration in both the public and private sectors with the goal of national growth and development in both countries.
Both leaders discussed various topics including updates on the latest Intellectual Property policies and law amendments being implemented by them. This was followed by a seminar hosted by SAIP in Tokyo wherein Mr. Hamano spoke about Japan’s cooperation with Saudi Arabia in the field of Intellectual Property.
Source: https://www.jpo.go.jp/e/news/ugoki/202311/2023112201.html
Lenovo takes legal action against Asus
Lenovo recently instituted an infringement suit in the US District Court, Northern District of California. Lenovo sued Asus for patent infringement of numerous products including software, hardware, and networking seeking damages for all its lost profits. It further even requested an injunction order to prevent Asus from using any of its technologies in the future and approached the International Trade Commission(ITC). Along with, prayer for damages and other specific reliefs, Lenovo has also demanded a jury trial on all issues triable.
Source :https://cdn.arstechnica.net/wp-content/uploads/2023/11/Lenovo-v-Asus.pdf
Lewis Hamilton’s trademark rejected by EUIPO
Lewis Hamilton recently filed an appeal against rejection of his trademark by the Opposition Division. However, the Board of Appeal (BoA) rejected his appeal and stated that the sport’s reputation does not directly influence the perception of individual drivers like Lewis Hamilton across the EU. The BoA determined that the special protection afforded to famous persons does not apply in this case, as the evidence failed to prove that Lewis Hamilton was known and recognised by the public in the EU. The BoA also assessed the case pursuant to the applicable laws and found that there was a likelihood of confusion between the two marks at issue in relation to certain goods and services.
This week’s edition of our IP updates concludes here. We hope the information and insights provided have been informative and useful. This content is carefully compiled by our team of knowledgeable patent and IP attorneys at BananaIP Counsels.
For more details or specific guidance, please feel free to contact our team of IP professionals. If you have any questions, speak with an IP expert/attorney – contact@bananaip.com or 91-80-26860414/24/34.
