NEW YORK – Rakuten Medical, a cancer therapy developer, has escalated a trademark dispute by suing Illumina in US federal court. According to a complaint filed Wednesday in the US District Court for the District of Northern California, Rakuten Medical seeks a declaration that its Illuminox platform will not infringe Illumina’s trademarks. Filings submitted by Illumina to the US Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) show that the sequencing firm has asked the agency to reject Rakuten Medical’s application for the Illuminox trademark.Rakuten Medical has also asked the court to award it attorneys’ fees associated with the suit.
Opposition (Illuminox v. Illumina)
Number: 91254560 Filing Date: 03/03/2020
Status: Pending Status Date: 03/10/2020
General Contact Number: 571-272-8500
As of 03 August 2020, the Uganda Registration Services Bureau (URSB) is part of TMclass and DesignClass. URSB will now use and accept the list of terms from the harmonised database of goods and services (HDB) in TMclass as well as the list of terms from the harmonised database of product indications (HDBPI) in DesignClass.
It’s no secret that Germany is home to some of the world’s most valuable brands. Indeed, Mercedes Benz, BMW and SAP (just to name a few) are all ranked in the top 20 of Interbrands’ 2019 Best Global Brands list. Germany is also an important market for brand owners throughout the world.
A draft law amending part four of the Civil Code of the Russian Federation “on geographical indications” was passed by the State Duma of the Russian Federation on 26 July 2019 and comes into effect on 27 July 2020. For the first time, it enables protection of GIs in Russia. It was also the first time in many years that a new right has been added to Russian IP law.
On July 27, 2020, amendments to the Civil Code of the Russian Federation come into force, making it possible to register and protect a new object of intellectual property rights, a geographical indication.
On July 20, 2020, the Beijing Intellectual Property Court announced it affirmed an earlier ruling by the Trademark Office of the China National Intellectual Property Office in
As of 27 July 2020, the National Industrial Property Office of the Dominican Republic (ONAPI) and the Intellectual Property Office of Saint Kitts and Nevis (IPOSKN) are part of TMclass.ONAPI will use and accept the list of terms from the harmonised database of goods and services (HDB) in TMclass and IPOSKN will join the tool with a list of common terms between HDB and WIPO’s Madrid Goods and Services (MGS).
The U.S. Court of Appeals for the Federal Circuit ruled yesterday that Australian Therapeutic Supplies Pty. Ltd. has “a real interest” in cancelling the registration for NAKED for condoms, owned by Naked TM, LLC.
A petition to cancel a registration of a mark, stating the grounds relied upon, may, upon payment of the prescribed fee, be filed as follows by any person who believes that he is or will be damaged, including as a result of a likelihood of dilution by blurring or dilution by tarnishment under section 1125(c) of this title, by the registration of a mark on the principal register established by this chapter, or under the Act of March 3, 1881, or the Act of February 20, 1905:
(1)Within five years from the date of the registration of the mark under this chapter.
(2)Within five years from the date of publication under section 1062(c) of this title of a mark registered under the Act of March 3, 1881, or the Act of February 20, 1905.
(3)At any time if the registered mark becomes the generic name for the goods or services, or a portion thereof, for which it is registered, or is functional, or has been abandoned, or its registration was obtained fraudulently or contrary to the provisions of section 1054 of this title or of subsection (a), (b), or (c) of section 1052 of this title for a registration under this chapter, or contrary to similar prohibitory provisions of such prior Acts for a registration under such Acts, or if the registered mark is being used by, or with the permission of, the registrant so as to misrepresent the source of the goods or services on or in connection with which the mark is used. If the registered mark becomes the generic name for less than all of the goods or services for which it is registered, a petition to cancel the registration for only those goods or services may be filed. A registered mark shall not be deemed to be the generic name of goods or services solely because such mark is also used as a name of or to identify a unique product or service. The primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the registered mark has become the generic name of goods or services on or in connection with which it has been used.
(4)At any time if the mark is registered under the Act of March 3, 1881, or the Act of February 20, 1905, and has not been published under the provisions of subsection (c) of section 1062 of this title.
(5)At any time in the case of a certification mark on the ground that the registrant (A) does not control, or is not able legitimately to exercise control over, the use of such mark, or (B) engages in the production or marketing of any goods or services to which the certification mark is applied, or (C) permits the use of the certification mark for purposes other than to certify, or (D) discriminately refuses to certify or to continue to certify the goods or services of any person who maintains the standards or conditions which such mark certifies:
Provided, That the Federal Trade Commission may apply to cancel on the grounds specified in paragraphs (3) and (5) of this section any mark registered on the principal register established by this chapter, and the prescribed fee shall not be required. Nothing in paragraph (5) shall be deemed to prohibit the registrant from using its certification mark in advertising or promoting recognition of the certification program or of the goods or services meeting the certification standards of the registrant. Such uses of the certification mark shall not be grounds for cancellation under paragraph (5), so long as the registrant does not itself produce, manufacture, or sell any of the certified goods or services to which its identical certification mark is applied.
