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26 publications

PACTE law and trademarks. Ready - On your mark - Go!

By Evelyne ROUX, Partner.
ROUX_SEARCH_2013.jpg – Law no. 2019-486 of May 22, 2019 relating to business growth and transformation, known as the “PACTE Law,” has finally kept its promises regarding the provisions relating to trademark law. Ordinance No. 2019-1169 of November 13, 2019, implementing decree N°2019-1316, the order relating to fees of the same day, and two INPI decisions Nos. 2019-157/158 will significantly modify French trademark law, while also bringing it into conformity with European law.
Published on: 4th Feb 2020

BREXIT but no panic! You will have still time to make a decision!

By Evelyne ROUX, Partner.
ROUX_SEARCH_2013.jpg After years of discussions and political battles, the UK leaves the EU on February 1, 2020. However this departure will not have any immediate impact on EU trade marks or designs. A transitional period until at least December 31, 2020 has been fixed during which all the EU rules will still be applied to the UK without any amendments. All EU rights (trademarks and designs) will continue to have effect in the UK, and all proceedings before the EUIPO will continue as before.
Published on: 1st Feb 2020

Trademarks: 1 Registration for 106 member states and 122 territories: Malaysia has joined the International trademark system

By Evelyne ROUX, Partner.
ROUX_SEARCH_2013.jpg From its creation, or at the latest from the start of negotiations with foreign partners, overseas Trademark protection must be considered by trademark owners. After Brazil (2 October 2019), it is the turn of Malaysia to join the international trademark sys-tem as of 27 December 2019. Given its wide geographical coverage and simplicity, this system is becoming more and more adapted to worldwide business development strategies.
Published on: 30th Oct 2019

Trademarks: 1 registration for 105 member states and 121 territories: Brazil has joined the international trademark system

By Evelyne ROUX, Partner.
ROUX_SEARCH_2013.jpg From its creation, or at the latest from the start of negotiations with foreign part-ners, overseas Trademark protection must be considered by trademark owners. After Canada (17 June 2019), it is the turn of Brazil to join the international trade-mark system as of 2 October 2019. Given its wide geographical coverage and simplicity, this system is becoming more and more adapted to worldwide business development strategies.
Published on: 26th Aug 2019

Trademarks and use: a commentary on the Big Mac case

By Evelyne ROUX, Partner, and Caroline HUGUET-BRAUN, French and European Trademark and Design Attorney.
HUGUETROUX.PNG Everyone is talking about it, but what actually happened? Has the fast food giant, McDonald’s International Property Company Ltd. (“McDonald’s”), really lost its rights to the BIG MAC trademark?
Published on: 26th Feb 2019

What impact will a BREXIT without a withdrawal agreement as of March 30, 2019, have on your IP assets, in particular patents, trademarks & designs, domain names?

By Christian TEXIER, Frédérique FAIVRE PETIT, Sylvain THIVILLIER, Evelyne ROUX, Partners, Cécile PUECH, Senior Associate and Anne CHANTELOUP, Intellectual Property Lawyer.
CTFFPEVR.PNG UK MPs overwhelmingly rejected the negotiated exit agreement of the EU by 432 votes against 202 on Tuesday January 15, 2019.
Published on: 21th Jan 2019

Brexit - Trademarks & Designs: an automatic transfer without official taxes for trademarks and designs of the European Union

By Evelyne ROUX, Partner, and Anne CHANTELOUP, Intellectual Property Lawyer.
ROUX_SEARCH_2013.jpg Good news for trademark and design right holders in the heart of summer. It doesn’t come from the EU Commission, nor from the UK Government, but from the United Kingdom Intellectual Property Office (UKIPO).
Published on: 24th Aug 2018

Elimination of the graphical representation requirement of your trademarks: Can’t find an available trademark? Be creative! Any sign can be registered... In theory

by Evelyne ROUX, Partner
ROUX_SEARCH_2013.jpg On October 1, 2017, one of the provisions of the European trademark system reform will become applicable, namely the elimination of the graphical representation requirement of a trademark.
Published on: 17th Oct 2017

European and French Customs Retainer Procedures

By Evelyne ROUX, Partner and Carole ADJADJ, French and European Trademark and Design Attorney
ROUX ADJADJ.JPG It is worthless to say that infringement is ever increasing. A battle is engaged, involving all the stakeholders, to stop counterfeited and pirated goods, and to fight against infringement. Customs, as well as Legal procedures and resources are being continually improved.
Published on: 15th Dec 2015

Trademarks & Tobacco : Plain Packaging

By Evelyne ROUX, Partner
Of course, everyone wants to stay healthy as long as possible and, preferably without having to make any particular effort! It is probably based on this thinking that France would like to introduce the European legislation in France.
Published on: 11th Aug 2014

Counterfeiting & Trademarks, Customs : Summer Evolutions in France, Europe and China

By Evelyne ROUX, Partner
ROUX_SEARCH_2013.jpg There have been many failed attempts at creating International treaties to fight against counterfeiting, such as ACTA, European jurisprudence seems to have opened the door for counterfeiters by prohibiting...
Published on: 17th Oct 2013

Community Trademarks : Which countries need to be exploited in order for its use to be considered serious ?

By Evelyne ROUX, Partner
Registering a trademark is not sufficient to make it a valid right, five years on from registration it must still actively be in use.
Published on: 1st Jul 2013

Combining design and trademark rights to defend design creations

By Evelyne ROUX, Partner
ROUX_SEARCH_2013.jpg Using different combinations of IP rights can be a good way to protect designs. However, deciding which rights to use can be confusing. One strategy entails blending design rights and trademark rights, depending on how the design is to be marketed
Published on: 14th Jun 2013

French and community trademarks opposition proceedings

By Caroline WEHNER and Evelyne ROUX, Partner, Head of the Trademarks & Designs Department
ROUX_SEARCH_2013.jpg Practical Guide to French and community trademarks opposition proceedings
Published on: 3rd Sept 2012

Domain Names: The list of 1930 applications for new gTLDs has now been released!!

By Nicolas DEMILLY, European and French Trademark & Design Attorney and Evelyne ROUX, Partner
On the 13th June 2012 ICANN revealed the 1930 applications for new gTLDs (« .marks ») allowing applicants to become registry operators and to manage top level domain names.
Published on: 2nd Jul 2012

Mediation for community trademarks and designs

By Evelyne ROUX, Partner
ROUX_SEARCH_2013.jpg Nearly 2,500 OHIM decisions are the subject of appeals to the Boards of Appeal, and they are rarely resolved in less than 18 to 24 months.
Published on: 20th Feb 2012

Trademarks & Wines : French wines exports are booming : are your wines adequately protected ?

By Jean-Charles NICOLLET, IP Lawyer and Evelyne ROUX, Partner, Head of Trademarks & Designs Department
French wine is part of our heritage and is a reliable export asset for our country.
Published on: 8th Nov 2011

Geographical Indications : A unique register for wines and spirits ?

By Nicolas DEMILLY, European and French Trademark Attorney, and Evelyne ROUX, Partner, Cabinet REGIMBEAU
Since 1997, the negotiators of the WTO in the field of IP have been focused upon the preparation of a draft of a unique text establishing a multilateral system of notification and registration of geographical indications relating to wines and spirits.
Published on: 29th March 2011

Protection of shapes: Patents? Designs and copyright? Trademarks?

By Aymeric Vienne, European and French Patent Attorney and Evelyne Roux, Partner - Cabinet REGIMBAU
ROUX_SEARCH_2013.jpg While it is true that the law of designs naturally springs to mind where protection of the shape of a product is concerned, is it possible to protect the shape of your products using patent or trademark law?
Published on: 19th May 2010

Dilution of Trade Marks

By Evelyne ROUX, Head of the Legal Department and Julien-Alexandre DUBOIS, IP Lawyer
ROUX_SEARCH_2013.jpg Behind the sinister term “dilution”, borrowed from chemists’ terminology, lurks a legal reality which, although little known to the public, is actually an everyday occurrence affecting a large number of commercial trademarks.
Published on: 4th April 2010

Community designs

By Evelyne ROUX, Head of the Legal Department - Cabinet REGIMBEAU
ROUX_SEARCH_2013.jpg Various protection criteria clarified by the 1st decision of the Court on 18 March 2010
Published on: 4th April 2010

Measures to combat counterfeiting and cyber counterfeiting / An agreement is on the way, but keep it under your hat!

By Esther DUPAIN, Trademark Attorney and Evelyne ROUX, Head of the Legal Department
The draft agreement was first proposed by the United States in 2008, since when it has been kept under wraps, and it is only due to a few leaks that we are able to give a rough outline of its provisions today.
Published on: 8th Feb 2010

Summary applications are not a panacea when dealing with cyber-squatters

By Jean-Charles Nicollet, Intellectual Property Lawyer and Evelyne Roux, Head of the Legal Department
ROUX_SEARCH_2013.jpg The increase in domain name reservations is a natural corollary of the development of e-commerce and the accessibility of the internet.
Published on: 26th Oct 2009

The securitization of Trade Marks

By Evelyne Roux, Head of the Legal Department and Camille Dupuch, IP Lawyer
ROUX_SEARCH_2013.jpg The securitization of non-physical assets is an idea that is very much in vogue these days, particularly in the United States and in the United Kingdom, where it has already taken place several times.
Published on: 1st Jul 2009

Designs in the European Union and in France

Evelyne ROUX, Partner - Cabinet REGIMBEAU, European Patent and Trademark Attorney
ROUX_SEARCH_2013.jpg Since the 1st of April 2003, companies have been able to protect their designs in the European Union not only by filing national applications in each country, but also by using a single application .
Published on: 29th Sept 2008

Evidence of Use as recognized under French, Community and US Law

By Esther Dupain, IP Lawyer and Evelyne ROUX, Head of the Legal Department, Cabinet REGIMBEAU
Whether for giving proof of one’s right or for obtaining registration of a trademark, it is always necessary to be able to present evidence of use of one’s trademark. Different purposes, but a final necessity… owners, to your archives!
Published on: 15th Jul 2008