When a logo depicting a stylized rabbit's head is filed in the European Union for clothing and sex toys, Mercis objects. After all, Miffy is known worldwide for its child-friendly innocent image. Miffy has been registered as a figurative trademark in several variations for among others books and clothing, but not for sex toys. For that reason, Mercis also appeals to the notoriety of the character Miffy.
As of September 1, 2023, Monique Granneman will transfer to Abcor European Trademark and Design Agency. With her arrival, Abcor is even better able to serve the growing customer base.
Companies sometimes think they are safe once their trademark is registered and that possible older similar marks can then no longer be a problem. This is not correct. Sometimes a company does not know that a similar mark is registered and only commences an action when confronted with it. Even then, all rights can be asserted. This used to be possible only through the courts, now it is also possible in a simple cancellation procedure with the trademark authorities.
Often companies forget to include separate clauses in cooperation agreements about the use of trademarks. For example, may a distributor register domain names or social media accounts in which the trademark appears? Should these then be transferred free and immediately if the parties part ways?
When Max Verstappen applies for the trademark MAX 1 for clothing, Nike objects based on its trademark AIR MAX. In the opposition proceedings, Nike wins. Max Verstappen did not appeal this. This is unfortunate, because there is much to be said against the ruling.
Famous artists, movie stars, athletes et cetera often register their names as trademarks. Not only for the services they provide under that name, but often also to start selling merchandise products. For example, almost every pop star now has their own clothing line or that person has licensed the name and/or image to another company.
Call us: 071-5763116 or send an e-mail: info@abcor-ip.com
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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Abcor is a member of the following industry and quality organizations: Benelux Association of Trademark and Design Law, International Trademark Association, Advertising Law Association.