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According to Wikipedia, Abba ranks among the most famous and successful pop groups of all time. When an EU logo mark ABBA NUTRITION is filed for a broad range of goods, the Swedish pop icons step in and invoke the reputation of the Abba name. Once a mark is reputed, the owner can reach beyond similar goods, the comfort zone of classic likelihood of confusion, into dilution and unfair advantage.
A trademark registration grants its proprietor an exclusive right: a legal monopoly over use of the sign for specified goods and services. This allows the proprietor to act against third parties using an identical or similar sign. Enforcing and structuring those rights is a niche sport for IP professionals – yet some undertakings still opt for DIY. The snag? One typo can undermine the entire strategy.
From time to time, marks are refused because they are considered contrary to accepted principles of morality or public policy. The usual suspects tend to be the F word and its colorful relatives, but the real challenge is drawing the line between genuinely shocking and merely tasteless. Trademark law is not meant to operate as a general decency police.
Signs of commercial origin are more than just word marks. Sophisticated brand owners therefore also secure stand alone figurative marks and, increasingly, the entire facing, the overall look and feel of the packaging, as a trademark. A very sensible strategy, especially once copycats start circling.
Jägermeister is a well known herbal liqueur with a market share of around 38% in Germany. The bottle is as iconic as the drink itself: the dark green label, the stag’s head and the Gothic script are instantly recognizable at the bar. When Alten Kräuterfrau launches a bottle with a similar overall look and feel, Jägermeister objects.
The Olympic Games rank among the world’s biggest sporting events. They are spectacular and spectacularly costly to stage. Sponsors are therefore the IOC’s lifeblood, and to keep them on board the IOC maintains a strict anti ambush marketing policy aimed at companies that try to hitch a ride on the Olympic halo without paying for official sponsorship rights.

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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