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Forgetting to register your trademark: time for a rebrand!

Forgetting to register your trademark: time for a rebrand!

Dung Young Food Services started a wholesale store specializing in Asian products in 1957. Since 2011, they have been selling more than 150 different products under the private label AKAYA in six countries. However, the company forgot to register its trademark.

 

Bidfood is a global online wholesale distributor. Since 2018, they have been selling Asian food products under the private label AKARI. Bidfood did register its brand.

When in 2019, after eight years, Dung Young decided to finally register their brand, Bidfood successfully objected. The trademarks were deemed similar and applied for identical products. As a result, the AKAYA trademark application was rejected.

But that’s not all. Bidfood also demanded a ban on further use in court, and this request was granted. The argument of prior use in good-faith did not hold up. Trademark rights are obtained through registration, not through use.

Bidfood’s trademark registration was not considered to be in bad faith because it was developed by a sister company in Australia in 2016. When the brand proved successful in Australia, they decided to expand the activities into the European Union. The trademark is valid and a European ban on the use of the AKAYA brand follows. If you use a brand, make sure to register it! (Source image: Abcor)

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

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Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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