Richard Stilwell

In Iraq and the Kurdistan region, effective trade mark registration is increasingly critical as the economy grows and foreign investment rises. An important development in this field will be the adoption of the 11th edition of the Nice Classification in both regions from January 2025.

On 11 November 2024, the Ministry of Economy and Industry and Investment Trade in Sana'a issued Ministerial Decision No. 56 of 2024 which relaxes some of the restrictions previously imposed on Swedish and American trade mark applicants and owners. This Decision now permits the renewal of trade mark registrations owned by entities in the US and Sweden. Whilst it is not clear whether the restrictions have also been removed for UK-based right holders, we believe that the removal of the ban also applies here.

The Lebanese Intellectual Property Office (IPO) is currently facing significant operational difficulties due to the ongoing economic and political instability in the country. The challenging environment has led to staff shortages, as many employees are unable to attend work. In addition, technical issues with the online portal have further complicated the IPO’s ability to process applications efficiently.

The Intellectual Property Office of the Philippines (IPOPHL) has issued a memorandum which requires that the fees for the issuance and publication of a trade mark renewal must now be remitted along with the payment of the renewal fee instead of upon receipt of a Notice of Issuance.  This new practice took effect on 25 July 2024 and it should serve to expedite the renewal process.

An official circular was issued by the Qatari Intellectual Property Department on 25 June 2024, outlining changes to the requirements for Powers of Attorney (POA) for IP matters

Qatar becomes the 131st member of the Madrid Protocol, enabling international trade marks to designate this Gulf state from 3rd August 2024.

All new UK applications for patents, trade marks or designs must appoint an address for service in the UK, Gibraltar or the Channel Islands. Since 01 January 2024, all comparable trade marks and re-registered designs derived from EU rights post-Brexit must have a UK address for service to respond to challenges filed by third parties.

The Intellectual Property Office based in Sana’a, Yemen has announced that trade mark rights owned by US and British companies are now invalid, and that they will no longer accept new applications. Furthermore, ongoing civil unrest has led to a de facto two-state country. To obtain trade mark, design and patent protection across the whole country, it is necessary to file applications in both Sana’a and Adan Registries.

The Government of Jersey has clarified its position on whether EU trade marks automatically extend to Jersey under current legislation, confirming that no such coverage has existed since April 2009. Trade mark owners wishing to obtain protection in Jersey should re-register UK national trade marks, or rely on the automatic coverage granted to IR(UK) designations.

Jersey is proposing a shift from a secondary trade mark framework dependent on the UK, by implementing an independent registration system and accession to the Madrid Protocol. A recent consultation invited stakeholders for comment on the proposed changes, to which we duly obliged. Read more in our article.

Attorneys Tim Noel and Richard Stilwell have been appointed to serve on INTA’s Trade Mark Office Practices Committee for the 2024-25 term.

Ahead of the commencement date of Fiji’s new IP laws, the IPO has recently enacted a change in practice regarding the filing of second applications, and acceded to the Paris Convention - our article has full details.

Tim Noel and Richard Stilwell represented Lysaght at INTA 2023 in Singapore. This gave the pair the opportunity to meet current and new clients and agents within the impressive surroundings of the city. It was a welcome return to face-to-face meetings as well as networking events throughout the busy week.

Richard Stilwell will be representing Lysaght at FICPI’s 21st Open Forum, being held in London this October. This conference is a great opportunity to take part in high-quality working sessions, as well as meet up with like-minded individuals in private practice, across all forms of IP.

We are six months on from the deadline for lodging Anti-Counterfeiting Recordals (“ACAs”) with the Kenyan IPO. Our articles takes a deep dive into what progress has been made, and what challenges have arisen in this process.

The Ministry responsible for IP in South Sudan has just announced that it is now allowing the reservation of trade marks in advance of the long-awaited enactment of the new law. Read our full article for further details.

The 2023 INTA Annual Meeting is taking place in Singapore from 16-20 May, and Lysaght will be represented by Tim Noel and Richard Stilwell. They are very much looking forward to meeting up “in-person” with many of our clients and associates, and if you would like to arrange a meeting with either of them, please e-mail them on admin@lysaght.co.uk.

Following the recent commencement of a recordation process for IP rights with the Kenyan Anti-Counterfeiting Authority (ACA), a deadline of 01 July 2022 has now been set for rights holders to have completed this process. Please review our article for further information.

Fiji has passed into law the Trade Marks Act 2021, the Patents Act 2021, and the Designs Act 2021. Please review our article for further information.

It is anticipated that the Eurasian Patent Office will start accepting design applications from 1 June 2021, following a recent announcement. Please read our article for further information.

One of our Chartered Trade Mark Attorneys, Richard Stilwell, attended PTMG’s Spring Conference last week on behalf of Lysaght. Aptly named “PTMG@home”, this conference was hosted online due to current restrictions on gatherings and international travel.

At the beginning of 2020 we reported that the Somali Ministry of Commerce and Industry had once again started accepting trade mark applications for the first time since the civil war in 1991. We understand that these applications are now to be cleared via a pre-filing search, examined on absolute grounds and published for opposition purposes prior to grant. It is no longer recommended, or necessary, to publish cautionary notices. Please review our article, for further information.