Counsel disagree on whether new Trademark Modernization Act rules will deter bad actors
Counsel are divided over whether the USPTO’s proposed
guidelines on the Trademark Modernization Act could deter bad actors from
abusing it, Managing IP reported yesterday, May 27.
The act, which was passed in December 2020 and will go into
effect in December 2021, was enacted to help clear the registry of marks not
being used in commerce.
The pending guidelines, ‘Changes To Implement Provisions of
the Trademark Modernization Act of 2020’, were published on May 18. They set
out how the USPTO would oversee the act’s new ex-parte expungement and ex-parte
Lidl told to stop selling revamped spirit after battle with Scots gin giant Hendrick s
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Salford shopkeeper fined for continuing to sell counterfeit cigarettes after raids from trading standards
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Illegal tobacco sales land shopkeeper in court Print
25th May 2021
A Salford shopkeeper continued to sell illegal and counterfeit cigarettes despite two previous raids by trading standards officers, a court has heard.
Officers found counterfeit cigarettes and empty cartons at the Little Hulton shop on the day officers went to caution him for the two previous offences.
Shujat Ali, owner of Super Discount Store, Hulton District Centre, pleaded guilty to two offences under the Tobacco and Related Products Regulations 2016 and the Trade Marks Act 1994 for possession of counterfeit cigarettes when he appeared at Salford and Manchester Magistrates Court.
The court heard that trading standards officers and a specialist dog handler visited the business on 29 May 2019 and seized illicit tobacco worth £7,000. They recovered 11,000 cigarettes, 7,780 of which were counterfeit and 107 pouches of hand-rolling tobacco, six of which were counterfeit.