Some companies work with a series of brands. Almost all products are offered through trademarks that have something in common. One of the most famous examples is McDonald’s. Next to the name of the chain, nearly all products contain the element Mc (e.g. McCHICKEN, McDRIVE and McNUGGET). Both by using these names and registering them as trademark, the company is trying to monopolize the element Mc for food products. And this proves to be successful.

Mustang is a famous German jeans brand (launched in 1948). Its logo, which contains a stylized mustang, refers to the wild west. The trademark is registered in many countries. When a comparable logo is registered for tobacco the jeans company opposes this. The products are, of course, entirely different. Still the applied trademark may damage the distinctive qualities and reputation of the famous jeans brand.

Well-known trademarks have a broad protection. The holders of these trademarks can act against unfair use of their trademarks, even if used for other products. However, the titleholder has to prove that the trademark was well-known at the moment that a third party applied for an identical or similar trademark. Apple experienced this first hand in China.

Trademark protection is always limited by territory. A Benelux trademark is limited to its borders and usually not beyond. The consequence of this territorial limitation is that it is possible to file trademarks in the Benelux that are similar to older foreign trademarks. This summers the European Court has judged on whether a foreign trademark proprietor may invoke the reputation of his trademark to stop a new application.