GENEVA - New types of marks, such as holograms and scent marks, trademark opposition procedures and questions relating to the registration of industrial designs topped the agenda of the World Intellectual Property Organization (WIPO) Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT).
According to a press release by WIPO, the 18th session of the SCT, which met November 12-16, 2007, focused on key issues that aim to establish more clarity for the international protection of trademarks and industrial designs.
The Committee considered the approaches adopted in the legislation and trademark office practice of member states in relation to the registration of “non-traditional marks” such as three-dimensional marks, color marks, sound marks, scent marks, movement marks, hologram marks, slogans or position marks.
This work will continue at the SCT’s next session, which will identify specific areas of convergence in the law and practice of member states in respect of these types of marks.
The SCT also considered an in-depth analysis of various aspects of trademark registration opposition procedures which offer third parties the opportunity to object to a trademark either before or after it was registered with a trademark office.
Delegates worked on a set of key approaches regarding issues such as the grounds of opposition, third-party observations made in the course of opposition procedures, cooling off periods allowing for settlement negotiations, member states’ experience with introducing new opposition systems and the effect the abolition of office examination as to prior rights can have on the number of oppositions filed.
With regard to industrial designs, the SCT continued its analysis of industrial design registration in member countries. The Committee gave the go ahead for the second stage of a comprehensive survey on various industrial design registration systems, covering questions of substantive design law.
Delegates also took note of the enhancement of certain aspects of the procedure for the protection of state emblems and names and abbreviations of international organizations under Article 6ter of the Paris Convention for the Protection of Industrial Property.