Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
Click here subscribe for free.
Who we all are...
Reminder: Geographical Indications Conference 2025
As previously mentioned on the Class 46 blog, EUIPO is hosting a geographical indications (GI) conference titled “Safeguarding our Heritage, Cultivating our Future” on 28 and 29 January 2025.
The conference is organised in collaboration with the European Commission (the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, DG GROW, and the Directorate-General for Agriculture and Rural Development, DG AGRI).
It is a hybrid event and will cover the latest developments in both craft and agricultural GIs. In-person capacity has been reached, but it is still possible to participate online.
There will be simultaneous translation into English, Spanish, Italian, French, and German both for attendees in Alicante and those joining online.
The full programme is available on EUIPO’s website here.
You can register to join online here. The event is free of charge.
To accompany the event, a photography exhibition is being held at Espacio Séneca, Alicante. The exhibition includes more than 120 stunning images of GIs, showcasing the stories behind iconic products such as Murano glass, Solingen cutlery, cheeses and wines. Entry is free.
Posted by: Blog Administrator @ 13.54Tags: GI, EUIPO, Alicante, ,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA5324
Insights from ICANN 81
The 81st ICANN meeting (ICANN 81) was held in Istanbul, Türkiye, in November 2024, offering a significant platform for global discussions on internet governance, domain names and online policy.
In this blog post, Mutlu Yıldırım Köse and Baran Güney provide some key insights from the conference. In another post, to be published next week, they will explore domain name disputes and online enforcement in Türkiye.
New gTLD Program
ICANN 81 provided a comprehensive review of the current state and future direction of the Domain Name System (DNS).
Key discussions centered on the ongoing developments in ICANN’s New gTLD Program, particularly Round 2 of the program. Round 2 focuses on the diversity and inclusivity of the DNS including universal acceptance of the new gTLDs as well as the inclusion of more Internationalized Domain Names (IDNs).
ICANN has confirmed that the application round for new gTLDs is expected to open in April 2026 in a time-limited window lasting 12-15 weeks. There will be restrictions applied. Private auctions, closed generics, and plural/singular delegations will not be allowed. It is aimed at improving fairness and transparency in the process.
Another key deliverable for Round 2 is the Applicant Guidebook (AGB). It outlines eligibility criteria, application processes, compliance obligations, objection procedures, applicant commitments, contracting terms and delegation steps.
The AGB reflects the culmination of studies and policy work that has been done over the last 10 years. ICANN aims to get the Board’s approval by 2025 for AGB, with the final public comment period scheduled for May 2025. The AGB is expected to be published by December 2025.
RDRS
Another topic discussed at ICANN 81 was Registration Data Request Service (RDRS). The RDRS was introduced by ICANN as a response to challenges posed by the GDPR, which restricted public access to domain registration data.
The RDRS aims to connect requesters seeking non-public data with registrars who participate in the RDRS. However, participation is voluntary.
As of October 2023, about 60% of all gTLD registrations were covered by participating registrars. ICANN continues to monitor the effectiveness of RDRS and gathers data to improve the process, but the voluntary nature of registrar participation remains a limitation.
The RDRS has seen limited use, with only 2,109 total requests submitted in its first year, those were mostly from IP holders. Despite being globally available, the participation rate is low, and only 91 registrars are involved.
ICANN plans to run the service for two years and will assess its effectiveness afterwards, given the low volume of requests and concerns about its ability to fully address post-GDPR access challenges.
The primary reason for denial of requests is incompleteness in the submitted forms. Many requests are either denied or closed due to missing information. There is a need for better education for requestors, and guidance for registrars to improve the submission process and reduce these issues.
Mutlu Yıldırım Köse and Baran Güney are members of Gün + Partners in Turkey. Mutlu is also a member of the MARQUES Cyberspace Team
Posted by: Blog Administrator @ 17.15Tags: ICANN, New gTLD, RDRS,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA5323
How IP rights drive business success – EUIPO/EPO study
The EUIPO and European Patent Office (EPO) have published their latest joint report into the impact of IP rights on firm performance in the EU.
The research found that companies owning IP rights see a 23.8% higher revenue per employee and pay wages that are 22.1% higher on average.
While only around 10% of SMEs register IP rights, those that do so have 44% more revenue per employee compared to their counterparts without IP rights, while large firms enjoy a 16% increase.
The report also found that companies that own EU trade marks have 40.9% more revenue per employee, while those with designs have a 29.3% increase in revenue and a 24.8% rise in wages.
The research is based on data from 119,000 firms across all 27 EU Member States over the period 2013-2022. It follows similar studies published in 2015 and 2021.
The full report is available on the EUIPO website here. The Executive Summary can be read here. The image shows the cover of the report.
Posted by: Blog Administrator @ 10.25Tags: EUIPO, EPO, IP rights,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA5322
Meet the Judges Italy: book now!
Places are still available for the next MARQUES Meet the Judges event, which takes place in Rome, Italy on Thursday 30 January 2025.
The event will be a roundtable discussion with eminent Italian judges, representatives of the Italian Patent and Trade Mark Office, members of the Italian and EUIPO Boards of Appeal and industry representatives.
The following judges and officials are already confirmed to take part:
- Hon. Paolo CATALLOZZI - Supreme Court of Cassation, First Civil Section
- Hon. Elisa FAZZINI - Court of Appeal, Milan, First Civil Section
- Hon. Silvia VITRÓ - President of the Court of Enterprises, Turin
- Avv. Prof. Gustavo OLIVIERI - Full Professor of Commercial Law, LUISS University, Rome, and Member of the Italian Board of the Appeals against the decisions of the Italian Patent and Trademark Office
- Avv. Cinzia NEGRO - Member of the 2nd and 3rd Boards of Appeal, Boards of Appeal, European Union Intellectual Property Office – EUIPO
Other moderators and speakers include: Avv. Vittorio Cerulli Irelli, Avv. Elisa Vittone, Avv. Flavia Tamburrini, Avv. Lorella Cipriani (BOTTEGA VENETA), Avv. Laurence Morel-Chevillet (BULGARI) and Dr. Andrea Chianura (LAVAZZA).
The meeting starts with a Buffet Lunch at 12.00 and concludes with a Drinks Reception at 18.30.
Topics covered in the discussion will include: proof of use, protection of well-known trade marks, including heritage brands, showing reputation and acquired distinctiveness through market surveys, patronymic trade marks, how to deal with gaps between market realities and the restrictive examination practices for non-conventional signs as trade marks.
The programme will also offer participants the chance to enjoy a special theatrical performance on “The Trials of Oscar Wilde”, written by Merlin Holland and John O’Connor.
This event will be conducted in Italian and will be held at the OFF/OFF Theatre, Via Giulia 20, Rome. Registration is €325 (MARQUES members) or €450 (non-members). For more information, and to reserve your place, please visit the dedicated page on the MARQUES website.
Spaces are filling up but there are still some available, so act now to reserve your place!
Photo of OFF/OFF Theatre from the theatre’s website
Posted by: Blog Administrator @ 09.30Tags: Meet the Judges, Rome, Off/Off,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA5321
Coming up in 2025 …
MARQUES wishes a Happy New Year to all readers of the Class 46 blog!
We already have a number of events planned for 2025. These include:
- Meet the Judges in Rome (Thursday 30 January): a round table with Italian and European trade mark judges. This will be conducted in Italian and will include a drinks reception and theatrical performance. Booking is already open and more information is here.
- Spring Team Meeting in Barcelona (13-14 March): MARQUES Council and Team members have been sent invitations to attend. More details are here.
- Question the Trade Mark Judges in London (25 March): Held in association with UCL IBIL, details coming soon!
- Annual Conference in The Hague (16-19 September): The programme for the 39th MARQUES Annual Conference will be published in the Spring.
- Corporate Focus Group meetings (20 March and 6 June): MARQUES Corporate members will be sent invitations for these webinars soon.
More events and webinars will be announced during the year.
In addition, look out for new episodes of the Talking MARQUES podcast, the monthly issues of the HouseMARQUES newsletter, publications by MARQUES Teams and of course posts on the Class 46 and Class 99 blogs for more updates from MARQUES.
Posted by: Blog Administrator @ 13.54Tags: MARQUES, Annual Conference, The Hague, Rome, ,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA5320
Meet the Judges Italy, 30 January 2025
Booking is now open for the next MARQUES Meet the Judges event, which takes place in Rome, Italy on Thursday 30 January 2025.
The event will be a roundtable discussion with eminent Italian judges, representatives of the Italian Patent and Trade Mark Office, members of the Italian and EUIPO Boards of Appeal and industry representatives.
It will start with a Buffet Lunch at 12.00 and conclude with a Drinks Reception at 18.30.
Topics covered in the discussion will include: proof of use, protection of well-known trade marks, including heritage brands, showing reputation and acquired distinctiveness through market surveys, patronymic trade marks, how to deal with gaps between market realities and the restrictive examination practices for non-conventional signs as trade marks.
Speakers include: Avv. Vittorio Cerulli Irelli, Avv. Elisa Vittone, Avv. Flavia Tamburrini, Avv. Lorella Cipriani (BOTTEGA VENETA), Avv. Laurence Morel-Chevillet (BULGARI) and Dr. Andrea Chianura (LAVAZZA).
The programme will also offer participants the chance to enjoy a special theatrical performance on “The Trials of Oscar Wilde”, written by Merlin Holland and John O’Connor.This event will be conducted in Italian will be held at the OFF/OFF Theatre, Via Giulia 20, Rome.
Registration is €325 (MARQUES members) or €450 (non-members). For more information, and to reserve your place, please visit the dedicated page on the MARQUES website.
Posted by: Blog Administrator @ 12.06Tags: meet the Judges, Rome, Off/Off,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA5319
New paper on tracking and tracing technologies
The MARQUES Anti-Counterfeiting and Parallel Trade Team has published a paper on tracking and tracing technologies used to protect brands.
The paper looks at different types of technologies and their pros and cons.
It covers holograms, watermarks, security inks, chemical taggants, microprinting, QR codes and RFID, GPS, NFC, tamper-evident packaging, secure packaging design, blockchain, DNA marking, machine learning and AI, secure authentication apps, secure labels and seals, authentication tags and barcodes.
The paper looks in depth at two specific solutions, AlpVision Cryptoglyph and Fingerprint and PLASTIWARD in-plastic security. It also considers the use of watermarking in authentication of academic certificates, forgery prevention, copyright protection and data authentication and the recent resurgence in the use of RFID and QR codes as anti-counterfeiting tools by brands such as Moncler, Gucci and HP as well as by the wine industry.
The paper is written by Team members Todd Bontemps, Frank Jørgensen, Carsten Menebröcker, Elena Bojinova Miller, Maria Cecilia Romoleroux, Birgit Wuest and Ray Lei Zhao. It can be downloaded here (MARQUES log-in required).
Picture taken from the paper
Posted by: Blog Administrator @ 15.20Tags: anti-counterfeiting, tracking, tracing, RFID, QR code,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA5318