1.01 Trademark: what is a trademark?
Any sign that has distinctive character. A sign must be able to distinguish the goods and services of one company from those of its competitors. Purely descriptive words or word
Any sign that has distinctive character. A sign must be able to distinguish the goods and services of one company from those of its competitors. Purely descriptive words or word
Yes, companies often provide advice under the company’s name, positioning themselves in the market under that name. In such cases, the trade name coincides with a service mark. It is
No. To obtain trademark rights in the Benelux, it is necessary to register the trademark in the trademark register (either the Benelux register or the European trademark register). It is
A trademark distinguishes goods and services (indicating the source of the products), whereas a trade name is the name of the business itself. The law also sets different requirements for
In the Benelux, a registration is valid for 10 years. After that, the trademark can be renewed in 10-year increments. However, the law requires the trademark to be used. Five
Yes, a number can be a trademark. However, the number must not refer to a characteristic of the product, as this would mean it lacks distinctiveness. A trademark registration does
Yes, in the Benelux, a family name or personal name can serve as a trademark. However, trademark rights are not absolute in this case. If someone else has the same
Yes, but shape trademarks are subject to quite strict requirements. This is because authorities often consider shapes to lack distinctiveness, viewing them as merely decorative. They often believe that consumers
No, domain names themselves do not grant rights. However, owners of older trade names and trademarks can take action against the use of a conflicting domain name. The conflict is
Yes. The appearance of packaging plays an important role in distinguishing a product from others. This includes the shape of the product as well as its layout. The label or
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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.