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Specific regulations concerning the registration of certain products in Africa: registration of cosmetics in Nigeria with the national agency for food and drug administration control (NAFDAC)

Some products are subject to certain requirements before they are placed on the market in some countries.   In Nigeria, NAFDAC is the authority charged with the regulation and control of the importation, exportation, manufacture, advertisement, distribution, sale and use of certain products. The scope of its authority is broad and the products under its…

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Erotic products, happy life ends here [T‐457/17 HAPPY LIFE, Medisana AG / EUIPO, 25 september 2018]

Using a slogan as a trademark could be an original way to distinguish your products or services provided the slogan is finely formulated. Slogans such as « Just do it » (Nike) or “Because you’re worth it” (L’Oréal) obviously attract the consumers’ attention towards the goods or services concerned considering they make it easy to remember. The…

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Brexit…. what’s going on ?

6 months prior to the enforcement deadline of March 30th, 2019 of the BREXIT, it is high time to consider the issue at a broader scale. Below are a few dates to recall the main stages that punctuated the Brexit story: June 2016, 51,9% of British people voted in favor of pulling out of the…

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That’s bananas? The limit of the monopoly on a concept for trademarks (EUIPO Decision Apple Inc vs Banana Computer (B2831439))

Apple Inc. filed an opposition action against the word & device trademark BANANA Computer, claiming services in classes 35 and 36 arguing that as both signs refer to fruits and the reputation of the prior mark is well known, a risk of confusion exists. The Opposition division rejected these arguments.   DECISION The first ground…

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The impact of GDPR on WHOIS and enforcement of trademarks

The General Data Protection Regulation (GDPR) entered in force last May 25th, 2018 and has overturned all the companies operating online and on how the personal information of their customers and employees are processed and protected. It turned out that the GDPR also has a significant, yet underestimated, impact on the availability of the WHOIS…

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OMG or NBD: Procter & Gamble’s quest to trademark acronyms

In August 2018, the global household products company Procter & Gamble filed trademark applications for terms including “LOL” (Laughing Out Loud) and “NBD” (No Big Deal). The owner of the well known brands Fairy, Febreze and Mr Clean has taken a different stance on its approach to appealing to a variety of customers, stating that…

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