Issue 139
  July 2022
Contents:
 

Upcoming MARQUES events

>  
 

UK publishes designs response

>  
 

From the
Observatory...

>  
 

Grand Board oral hearing

>  
 

IP Case Law Conference

>  
 

Recent EU General Court cases

>  
 

News from EUIPO

>  
 

Updates from WIPO

>  
 

Talking MARQUES

>  
 

MARQUES Media Roundup

>  
 
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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Upcoming MARQUES events

Find out more about the 2022 Annual Conference in Madrid, Luxury Brands Symposium in Florence, webinar on Chinese IP and Corporate Focus Group Meetings

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UK publishes designs response

The response to the call for views on reviewing the designs framework in the UK was published on 12 July. The government received 57 responses, including one from MARQUES

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From the Observatory...

The EUIPO Observatory celebrates its 10th anniversary this year. Members of the MAQUES Anti-Counterfeiting and Parallel Trade Team share their perspectives on its achievements

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Grand Board oral hearing   IP Case Law Conference

The EUIPO's Grand Board will hold an oral hearing in the Iceland cases on 9 September 2022 at 09.30

 

A number of MARQUES members took part in the 4th EUIPO Boards of Appeal IP Case Law Conference, held in Alicante on 7 and 8 July

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Recent EU General Court cases

HouseMARQUES summarises recent trade mark judgments from the EU General Court

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News from EUIPO

The EUIPO has provided guidance on NFTs and unveiled a new EUTM filing form


NFT guidance

The EUIPO has released guidance on the classification of items relating to "virtual goods" and "non-fungible tokens (NFTs)". The Office confirms that:

  • Virtual goods are proper to Class 9 because they are treated as digital content or images. However, the term virtual goods on its own lacks clarity and precision so must be further specified by stating the content to which the virtual goods relate (e.g. downloadable virtual goods, namely, virtual clothing).
  • The 12th Edition of the Nice Classification will incorporate the term downloadable digital files authenticated by non-fungible tokens in Class 9. NFTs are treated as unique digital certificates registered in a blockchain, which authenticate digital items but are distinct from those digital items. For the Office, the term non fungible tokens on its own is not acceptable. The type of digital item authenticated by the NFT must be specified.

For more information, see this post on the Class 46 blog.

New filing form

EUIPO is launching a new electronic form for EU trade marks on 1 August 2022. It is designed to be more intuitive and easier to use, and includes customisation option, a new design with full guidance, faster goods and services management, and enhanced security.

The Office plans that the new form will replace the existing 5-step form and advanced form by the end of November 2022. More details on the Class 46 blog.

Updates from WIPO

A diplomatic conference for a Design Law treaty, the UK IPO joins the Global Brand Database and the first WIPO Global Awards are announced

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Talking MARQUES   MARQUES Media Roundup

Listen to the Talking MARQUES podcast on the MARQUES website or on Spotify

 

Read posts from MARQUES and from individual members on the Class 46 and Class 99 blogs

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