Dinosaurus Crushes Chocosaurus

Dinosaurus Chocosaurus
A trademark grants a company exclusive rights to its use. If another company applies for a similar name to market identical products, there are several ways to challenge it. One cost-effective approach is filing an objection with the trademark authorities, which can lead to rejection (a process known as opposition).

In 2013, Lotus introduced its DINOSAURUS cookies (available with or without a chocolate coating). To protect its brand, the company registered both the logo and the packaging design. When CHOCOSAURUS was applied for registration in connection with chocolate and cookies, Lotus objected.

The defendant claimed this was an overreaction, arguing that Chocosaurus was a made-up word, the packaging was completely different, and similar trademarks like BioSaurus and Veganosaurus were already on the market. However, the trademark authorities ruled swiftly. Both names contain ten letters, with the last seven identical. CHOC is descriptive for chocolate, both have four syllables, and both reference dinosaurs. Since the products partially overlap, the authorities concluded there was a likelihood of confusion. As a result, the trademark was rejected for those products.

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

Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.

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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