Issue 037
  January 2014
Contents:
 

Latest news on OHIM website

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HouseMARQUES interview: Lee Grosskreuz Hechtel

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Update on EU trade mark reform

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Find out about the OHIM Observatory

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New CTM and RCD examination guidelines

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Design Liaisons Meeting in Alicante

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IP Outer Borders Team publishes fair use report

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China trade mark flowcharts updated

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Field Notes from the Outer Borders

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Coexistence Workshop in Zurich

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MARQUES Media Roundup

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Disclaimer:
The views expressed by contributors to this newsletter are their own and do not necessarily reflect the policy and/or opinions of MARQUES and/or its membership.  Information is published only as a guide and not as a comprehensive authority on any of the subjects covered.  While every effort has been made to ensure the information given is accurate and not misleading neither MARQUES nor the contributors can accept any responsibility for any loss or liability perceived to have arisen from the use or application of any such information or for errors and omissions.  Readers are strongly advised to follow up articles of interest with quoted sources and specialist advisors.
 

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Latest news on OHIM website
MARQUES has been actively monitoring the difficulties arising from the launch of the new OHIM website.
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HouseMARQUES interview: Lee Grosskreuz Hechtel
Lee Grosskreuz Hechtel is deputy general counsel of NBTY and chair of the MARQUES Regulatory Team. She talks to James Nurton about nutraceuticals, plain packaging – and Airedale terriers.
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Update on EU trade mark reform
MARQUES’ EU Trademark Reform Task Force has published comments on the latest plans for European trade mark reform.
Read More >>

Find out about the OHIM Observatory

 

New CTM and RCD examination guidelines

The OHIM Observatory now has its own website and recently distributed its first newsletter.   OHIM recently published new examination guidelines for Community trade marks and registered Community designs, which come into effect on 1st February.
Read More >>   Read More >>
Design Liaisons Meeting in Alicante
MARQUES was invited to attend the 12th Liaison Meeting on Design held in Alicante on 25th and 26th November 2013. The two vice-chairs of MARQUES’ Designs Team, Sebastian Fischoeder and Robert Stutz, participated.
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IP Outer Borders Team publishes fair use report
The IP Outer Borders Team has been surveying trade mark practitioners throughout the world regarding the intersection of trade marks and freedom of speech, including parody, art, personal and political expression or simply comparative advertising.
Read More >>
China trade mark flowcharts updated
For the past 12 months, the China Team has been working on flowcharts on the PRC trade mark prosecution and opposition procedures, cancellation proceeding and civil litigation.
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Field Notes from the Outer Borders
The IP Outer Borders Team collects and reports on unusual trade marks from around the globe. This month: How can a philosophy be hidden in a trade mark?


This note is about a trade mark that means “No trade mark”. The Japanese trade mark MUJI has no meaning per se, but derives from the first part of Mujirushi Ryōhin, translated as "No Brand Quality Goods" which is the philosophy of the Japanese trade mark owner, Ryohin Keikaku Co, Ltd. According to the European website of MUJI, the principle of the company is to develop new simple products at reasonable prices by making the best use of materials while considering environmental issues.
In the Japanese label of the above mark the first character, 無 (mu), means “without/nothing",  the second character, 印 (shirushi), means “brand” and the third and fourth character, 良品 (ryohin), mean something like “high quality goods”. This sign on the shop-windows in Japan is really just a descriptor for what’s inside: a huge array of goods including housewares, lighting and clothing made from selected materials with no corporate tag, logos or fancy packaging.


National trade mark applications in Europe for the anglicised name MUJI were filed as early as 1991, followed by Community trade mark registrations.

The word that was designed to be no brand is now a brand. The suggested meaning of the Japanese label got lost in translation because the word MUJI by itself has no meaning, so it has become a brand after all. MUJI is distinguished by its design minimalism, no-logo policy, avoidance of any waste in production and packaging, respect for environmental concern, and, in theory, a no-brand strategy.

Its product range, such as the MUJI Car 1000 (manufactured in a limited quantity in 2001) has been continuously growing and now covers more than 7,000 products in simple packaging bearing only product-related information and a price tag.

The no-brand strategy of MUJI seems to work on the global market as well because after the opening of its first international store in London (in 1991) MUJI now has more than 200 international retail outlets in many European countries, in the United States and in Asia. MUJI goods, many bearing the MUJI trade mark, are also sold elsewhere, such as at the MoMA (Museum of Modern Art) Design Store in New York.

Although many MUJI products are designed with guidance from famous designers working today, MUJI does not promote or even publish its relationships with these designers. The company has new concept stores such as Found. MUJI the non-brand has become a brand and has infiltrated everyday life in course of use of its products by millions but the philosophy behind the original name is kept.

Enikő Karsay, SBGK Patent and Law Offices, Budapest; and member, IP Outer Borders Team

Coming soon: Coexistence Workshop in Zurich

 

MARQUES Media Roundup

The next MARQUES Coexistence Agreement Workshop will be held in Zurich on 5th February.   Follow twitter, LinkedIn, Facebook and the blogs Class 46 and Class 99 for the latest news and debate around trade marks.
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