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Hague Guide for Users: new revision now available (Class 99, 23rd January)
Here's some good news from our friends in the World Intellectual Property Organization (WIPO). According to a recent media release:
The Hague Guide for Users is a comprehensive reference document on the entire Hague System available on the WIPO website.
The latest revision of the Hague Guide took place on January 6, 2017.
Read more: https://www.marques.org/class99/Default.asp?XID=BHA777
EUIPO “smart-seals”(?) equality (Class 46, 13th February)
The 5th Board of Appeal’s decision (Case R 1488/2016-5) on the registrability of EUTM No. 14430276 “SMART-SEAL” in Classes 16, 17, 20 (essentially packaging goods) includes, a more detailed than usual, analysis of why EUIPO is not bound by its own previous decisions and perhaps merits commentary.
The mark was refused over Article 7(1) (b) and (c), both in conjunction with Article 7(2) EUTMR, for all goods covered by the application. In addressing the Examiner’s letter of provisional refusal and also in support of its appeal before the Board of Appeal, the applicant had argued that the earlier EUTM No. 5543616, ‘SMARTSEAL’ was registered by the EUIPO in Classes 16 and 17 and the combination of ‘smart’ and ‘seal’ has also been registered in the UK, US and Canada in Classes 16, 17 and 20.
Read more: https://www.marques.org/class46/Default.asp?XID=BHA4475
General Court: A decision to drink to! (Class 46, 27th January)
In Case T-250/15, Speciality Drinks Ltd v EUIPO (24 November 2016), the EU General Court upheld the decision of the Board of Appeal which found that there was a likelihood of confusion between the word mark CLAN and the earlier mark CLAN MACGREGOR under Article 8 (1) (b) of the EU Trade Mark Regulation (207/2009/EC). Both of them covering Goods and services in Class 33:
'Alcoholic beverages ( excluding beers and wines); but insofar as whisky and whisky based liqueurs are concerned only Scotch whisky and Scotch whisky based liqueurs produced in Scotland'
Read more: https://www.marques.org/class46/Default.asp?XID=BHA4473
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Issue 074
Kristina Edén Johnsen of the 
The Swiss Federal Institute of Intellectual Property (IPI) has implemented the 
