Registered in 2010, the AIRBNB trademark covers a broad range of services: from digital platforms through to advertising, payment processing, and the renting of temporary accommodations. However, EU trademark law
The clothing brand SAPPH is once again making headlines but this time, not because of its cheeky advertising campaigns. Instead, the spotlight is on the brand’s online store misleading customers.
Game of Thrones is one of HBO’s most popular series. Since its 2011 launch, it’s gained massive popularity, earning 159 Emmy nominations (winning 59) and, according to Guinness World Records,
Very short trademarks have limited protection. Sometimes, just one or two different letters is enough to avoid confusion. That’s why it’s important for companies to register not just the word
It doesn’t happen often, but sometimes a trademark is refused because it’s against public order. That’s what happened to SIMON SMOKES for plush toys. Simon Smoke is “one of the
When launching new products, there’s often a tug-of-war between marketing and legal. The business side wants to launch ASAP to capitalize on the the new innovation, while legal wants everything
What happens if you register a trademark for the wrong products? Funline sells poppers (as a finished product) under the brand JUNGLE PREMIUM to consumers.
In 2017, Basil launched a new plastic dog bike basket (the BUDDY). The old baskets were unhygienic, not weatherproof, and pretty heavy. Since the Buddy’s design was novel and had
After our silver mention in the WTR1000 (World Trademark Review 2025), Abcor has once again made it into the IP STARS ranking this year. Managing IP conducts annual research among
A trademark is often registered for specific products. Some clients want to register it for advertising too, because they want to advertise those products. That’s unnecessary. If you’re protected for
Trademarks are more than just logos or names. Shapes, sounds, or even packaging designs can be registered as trademarks, giving the owner exclusive rights to use them. But how far
During major sporting events, it’s tempting for bars and restaurants to let guests enjoy the match. But is that allowed?
The Tour de France is one of the world’s most famous cycling spectacles. No wonder the organization behind it (STF) has trademarked not just the name TOUR DE FRANCE, but
Unilever values sustainable sourcing for its product ingredients. To this end, the company has developed its own sustainable agriculture program. Because peanut suppliers comply with this program, the Calvé peanut
Lego produces toys for all ages. The LEGO Botanical Collection, a modular building system for creating flowers, is specifically aimed at adults. Not only is the LEGO brand registered for
Since 1935, L’Oréal has sold skincare products worldwide under the LANCÔME brand. When the new cosmetics brand NINÔME was launched—including promotions via model Kim Feenstra’s social media—L’Oréal demanded a ban.
This year, the European Union is introducing new design legislation to better align design rights with current and future needs. What are the key changes?
Companies often use logos to promote their products or services. Consumers see them as a symbol of recognition. That’s why it’s clever to claim trademark protection for them. However, the
In 2019, Rituals Cosmetics launched a new line of reed diffusers. To protect its distinctive shape, the company immediately applied for an EU design registration.
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
An online advertisement can, in principle, be viewed worldwide. When a company uses a competitor’s trademark to promote its own products, this is often considered trademark infringement. To determine which
A remarkable trademark case before the Benelux authorities: Can Chat GPT represent a trademark owner? A critical look at the defense against Penguin Books and the legal implications of AI
The influence of social media personalities should not be underestimated. Research shows that one in three young people buy products recommended by influencers. It is therefore essential that videos clearly
Protecting your trademark, but with lower costs? This is possible with the SME voucher, while supplies last. With this European subsidy you can save up to € 1,000 on the
Two sushi-restaurants with a similar name: Umami Hengelo vs. Umami Taste Raalte.
Every year, countless trademark agency rankings are published, making it hard to see the forest for the trees. However, a few rankings truly matter to our firm—those based on reviews
The Hazes family finds itself embroiled in a new conflict, this time between Rachel Hazes and her son André Hazes Jr. Rachel demands that her son stop using the name
Parodies of well-known brands pop up regularly. When these cases escalate, the defence often centres around freedom of expression or the idea that it’s a legitimate parody. However, European trademark
Almost every supermarket has its own private label. These stores often go to great lengths to make their private labels look strikingly similar to their A-list counterparts. After all, why
In several countries worldwide (including the USA), there are special provisions for registering a person’s name. To prevent someone from exploiting the fame of another individual, a declaration must be
When a company or artist rises above the crowd, there are always parties looking to profit from it. Domain name squatting is a prime example. However, if a trademark has
After acquiring Bureau Blanchard, trademark agency Abcor took over Anchor IP’s client portfolio last summer. The acquisition was expected because Abcor has indicated that it wants to grow not only
At Christmas 2020, M&S introduced a new line of gin bottles. When shaken, edible gold flakes fall like snow. The bottle has an LED at the bottom to enhance the
Trademark rights grant monopoly over the use of a name for specific goods and services. However, only one entity can use that name, which can be exploited but also has
From a marketing perspective, it is attractive to use a word for a new brand that directly conveys its essence. With such a descriptive mark, consumers immediately understand what the
The IOC has registered many of its Olympic symbols as trademarks or designs. In addition, there are often local laws to prevent any kind of Ambush marketing. Only the official
Starting August 3, trademark protection in Qatar can be claimed via the International Registration route.
Consumers are increasingly influenced by environmental claims when purchasing products. Environmental claims (or sustainability claims) include terms such as ‘green,’ ‘eco,’ ‘organic,’ ‘climate neutral,’ etc. These claims suggest that the
PUMA has been granted a license to use the EU trademark NITRO (applied for in 1997) for running shoes. In 2021, the NITRO running shoe line was launched. One of
Spyder Active Sports, an outdoor brand, has secured registration for its logo across a diverse array of outdoor merchandise, spanning sporting goods, watches, bags, and apparel. When a similar logo
In 1974, Lego made waves in the toy industry with its introduction of construction dolls, setting a new standard for innovation. Recognizing the uniqueness of their design, Lego promptly registered
In 2015, The Body Shop introduced a new skincare line in the Benelux countries named “SECRETS OF THE WORLD,” featuring four distinct lines: RELAXING RITUAL, REVITALISING RITUAL, BLISSFUL RITUAL, and
In 2007, Red Bull initiated legal action against the introduction of The Bulldog energy drinks, citing trademark infringement. The contention was that the trademark “The Bulldog” bore resemblance to Red
Authorities have the discretion to reject a trademark application if it contradicts public order and morality. Interestingly, the European trademark office tends to apply a stringent standard in such cases.
The start of a new year often marks the beginning of new rankings of trademark agencies worldwide. Some of these rankings are particularly important to us because they are conducted
In January, the final oral exams were held as part of the Professional Training of Benelux Trademark and Design Attorneys. This exam marks the culmination of the two-year course. This
The one who first applies for a domain name, gets that domain name. Even if it contains a trademark of another company. Through a UDRP procedure, a trademark holder can
The design of a product can be protected as a design if it is novel and has individual character. Some products are composed of many different parts. This is known
Trademark rights are territorial. If another party uses a similar sign in another territory, is it possible to take action against it?
Last summer, Museum Hermitage Amsterdam announced its name change. The museum no longer wanted to be associated with Russia. The new name HART however, did not go down well with
Mansory Design sells tuning kits. These allow the appearance of an “ordinary” Ferrari 488 GTB to be transformed into a particularly expensive Ferrari FXX-K model. The distinctive features of this
It seems as though an increasing number of copycat trademarks are being filed in Russia, especially copying large corporations that decided to cease or suspend operations there. Will these applications
When people think of brands, they often only think of word marks and logos. However, there are many types of trademarks, such as multimedia marks, position marks and, of course,
Trademark law operates on the first-come, first-served principle. Some individuals (and companies) attempt to register trademarks linked to tragic events in order to try and make a financial gain from
Dog Diggin Design sells products for dogs, such as dog beds, dog pillows and dog toys. When the company applies for trademark registration of the word mark HAIRMES, Hermes objects.
Dung Young Food Services started a wholesale store specializing in Asian products in 1957. Since 2011, they have been selling more than 150 different products under the private label AKAYA
Internationally, the US Supreme Court’s ruling on whether the Bad Spaniel’s dog toys infringe on the Jack Daniel’s trademark is eagerly awaited. VIP Products makes these chew toys in the
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
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
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
Nissan launched an advertisement on YouTube for the Nissan Qashqai with e-Power. The consumer sees images of a moving car with the text, “Who says you need a plug to
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
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
Within three months, 34 domain names containing the ANWB brand were registered. In case of domain name infringement, there are two options to put a stop to this. Bringing a
It is common knowledge that state symbols should not be used in trademarks. The reason being that consumers may deem the products/services approved by the government. In Switzerland, a law
The ruling in Supermac’s cancellation case against the Big Mac trademark shook trademark law in the European Union. McDonald’s relied on its prior trademark Big Mac in the earlier opposition
NFTs and the Metaverse are a hot topic at the moment. The main question is, should trademark owners now massively re-file all their trademarks to include these digital products and
Amazon’s online platform features a mix of ads. On the one hand, advertisements of products offered by Amazon itself, and on the other, third-party advertisements (the hybrid model). It is
Through the International Registration route, companies can easily claim trademark rights in many countries. The big advantages are the cost (relatively cheap) and the central management of trademarks, which makes
A brand is more than just a word or a logo. The design of (or a part of) the packaging can also function as a sign of recognition. Because consumers
Logos sometimes consist of simple geometric figures, such as lines, dashes, circles, dots or squares. This leads to a limited protection for such a logo. Consequence: it is difficult to
As a part of Justin Bieber’s world tour, H&M launched a hoodie and bag featuring pictures of Justin Bieber. H&M has produced similar lines before. This time however, internal communication
In 2020 Paupsy opened its doors. Paupsy is a concept store which sells clothes, shoes and jewelry. The instance their trademark was applied for clothing and bags, PEPSI objected. Well-known
To qualify for design protection, a product must meet two requirements: it must be novel and have individual character. If the design is part of a composite product, there is
After almost two years, my role as the chairman of the BMM has come to an end. Unfortunately, I haven’t been able to achieve all the goals I have set.
A trademark must be used normally after five years. If not, third parties can initiate a cancellation action against the mark. The question is though: where should that use take
After being listed in the WTR1000, Abcor has also been included in the IP STARS ranking this year. Managing IP annually conducts research among IP-firms and their clients in 70
Every year the many rankings of trademark agencies reappear. The vast number different rankings can be rather overwhelming. However, there are a couple of rankings which are particularly important to
When the mark FLOWERCAT is filed in the European Union for hand tools, toys and more, the company Caterpillar objects.
Normally, a great deal of importance is given to the
From a marketing point of view, it is tempting to use semi-descriptive trademarks. With such a trademark, it is immediately clear to consumers what the attributes of a product or
Christmas is the time of the year when we celebrate appreciation and love we have for each other. It is the beautiful spirit of Christmas that makes the holidays so
In 2018, Toneelgroep Amsterdam merged into Internationaal Theater Amsterdam (ITA). When the theatre group De Warme Winkel decides to change its name to Toneelgroep Amsterdam, ITA does not approve.
It remains an evil that we cannot rid: misleading and phantom invoices. When someone applies for a trademark to be registered, the applicant often receives a letter or invoice from
New Balance successfully challenged the use of the New Burlon logo in China this spring. The sports brand had placed an N, similar to that of New Balance, on a
Companies sometimes use elements in their logo that refer to the country where the company is based. This can lead to problems when it comes to the use of symbols
Western companies leaving Russia have opened the door for trademark hijackers. Many new brands look suspiciously similar to the logos of departed companies, but as the new trademark owners almost
A company’s core business can always change. A good example of this, is the company Philips. Known for its lamps, televisions and audio equipment in the past, Philips nowadays produces
More and more people are concerned about what the world will look like in the future. Sustainability is becoming increasingly important for consumers and influences their purchasing behaviour, choosing particular
Numerous companies are still trying to capitalize on the reputation of well-known brands. They often use visual elements or logos which immediately remind us of well-known trademarks, regardless of the
Hikvision is a worldwide supplier of security and surveillance products. The company has an EU trademark registration for the word mark HIKVISION. Hikvision makes an undercover test purchase via the
It is still a strange but given fact. Sometimes companies apply for trademarks for which the source of inspiration is beyond obvious. A senseless operation, so it seems.
Since May 28, it has been prohibited to post false consumer reviews on online stores, marketplaces or social media. The law is based on a EU directive to better protect
Ever since Mark Zuckerberg announced his plans to turn his social media platforms into a metaverse business, NFTs and metaverse have been in the spotlight. The metaverse is the new
The shape of a product can be protected as a trademark. In order to do so, it must differ significantly from what is already present in the market or has
In a campaign ad for its sports bras Adidas states that not all breasts are the same. Adidas acknowledges this and launches a new line of sports bras with 43
In 2015, two young entrepreneurs started Kever Genever. The aims is to get the younger generation to drink the traditional Dutch Gin (jenever). Last year, four readymade mixed drinks were
Mattel has been a producer of the Barbie fashion doll for over 60 years. When Jieyang Defa Industry applies for design protection in the European Union for a comparable doll’s
In order to secure continued support of its customers IP assets, Buro Blanchard decided to formalize the collaboration with Abcor trademark agency of Leiden, the Netherlands.
Buro Blanchard and Abcor
Between 1960 and present Puma has obtained nearly 90 trademark registrations in Europe for its formstrip. When Monshoe launches sneakers with a similar imprint, Puma argues this constitutes an infringement
Many people think that they obtain copyright protection for an idea by putting it in writing and submitting this to an online register like CCproof. Unfortunately, that is often not
The ECJ has already passed rulings on the question whether one can use the competitor’s trademark as Google Adword, a number of times. Rule of thumb is: it is allowed
Les Bordes Golf Club uses a silhouette of the head of a Hubertus deer for their logo. When they file EU trademark protection for this sign, Mast-Jägermeister opposes, invoking its
Dutch discounter Zeeman always features a segment of its offerings in their ‘it can be that simple’ campaign. After socks and men’s underwear, a new commercial runs on women’s underwear.
Flo Broughton starts a chocolatery named ‘Choc on Choc’ with her father back in 2003. Ever since 2015, they have been selling matches made out of white Belgian chocolate. The
A feud dating back to 1997 has been ongoing between the American fast food chain Wendy’s and a local diner in the Netherlands. The local diner trademarked their company name
Mansory Design sells tuning kits with which the appearance of a ‘normal’ Ferrari 488 GTB can be transformed to look like a FXX-K, a rare race car of which only
Trademark agencies are ranked annually based on independent assessments by clients, carried out by several different organizations. These rankings are of great importance, as it gives a firm recognition of
Dealerdirect Global operates a website , which would translate into Iwanttogetridofmycar.com. A competitor also uses this Dutch phrase meaning ‘I want to get rid of my car’ on its website.
Zoeloe van der Linden (left) and Louis Keijzer (right) have recently joined team Abcor. Zoeloe has previously worked at Novagraaf for 6 years, ever since graduating from law school. Within
Often companies claim trademark protection abroad through the International Registration (the so called Madrid Treaty & protocol). There is a similar route for design protection, through the International design registration
Domain name disputes can often be resolved through a simple administrative (UDRP) procedure. These cases often involve a domain in which the trademark of another party is part. Some companies
Many companies register their trading name as a trademark. Reason: a trademark provides much broader protection than trading name law. Especially if services are offered locally, the scope of protection
With the implementation of revised trademark treaty, the requirement that a trademark must be able to be represented graphically was abandoned. This has opened the door to new sorts of
Well-known trademarks enjoy broader protection. Their trademark not only provides protection against similar products, but also against completely different types of goods. It is important that the consumer makes a
Everyone who has ever used Parodontax toothpaste knows that it has no equal. This toothpaste has a unique salty taste, does not foam and once you are used to it,
Diesel has a design for its jeans with a small pocket on top of the right front pocket, the so-called coin pocket. Diesel has applied a small diagonal stripe to
Ever since 1974, Kärcher has been using the color yellow for its cleaning devices. This same yellow color is also used consistently on their website, brochures, packaging, promotional material and
The main rule is that a word-mark is optimally protected when registered in all-caps. In whichever way the word is used, the use then falls under the requested protection. However,
Misleading advertising is found all over the world. It often concerns use of words, but the deception can also involve matching packaging. Sometimes unexpected parties com to the rescue. Choc
Kitcars are self-assembled vehicles. A new body is built on an existing chassis, usually from a middle class car. Aside from being sold as ready-made cars, they are also offered
If a person is photographed, he or she can object to the publication of that photo if the person has a reasonable interest in doing so. For celebrities this often
Lepin has been selling imitations of Lego products under the LEPIN brand since 2015 (as well as having this trademark registered everywhere). Not only the products are exact imitations, the
From May 24th onwards, it is possible to claim trademark protection in Pakistan through the International Registration. International Registration is a relatively cheap and easy way to register a trademark
In 2007, Dennis Perry had registered the trademark METCHUP in the USA for ketchup, mayonnaise and mustard. Perry mixes these sauces in his own kitchen and sells this himself. Since
For some years now (following recent case law of the Dutch Supreme Court) there has been discussion about the extent of the protection of purely descriptive trade names. Can a
Many EU trademark holders have been approached by a firm named Levin Nyman & Partners recently. This Finnish company offers renewals of EU trade marks at excessive prices. If signed
As a result of the pandemic last April, the curtain dropped for D-reizen, one of the largest tour operators in the Netherlands. On March 12, however, all trademark rights were
This spring, rapper Lil Nas X not only launched his new video, but also 666 pairs of “Satan shoes” ($1,018), a joint project with artist collective MSCHF. Original Nike Air
This April 1st, it was 25 years ago that the first EU trademark was filed in the European Union. What is quite common now, was a sensation at the time.
The Baby Bullet is a blender specifically for making baby food. The blender comes with little storage jars and a booklet containing recipes. A happy face is depicted on the
Ever since the 1960s, Dr. Martens has been selling their boots. A signature element of their brand is the contrasting thick yellow stitching at the edge of the sole. Given
The Chinese market now consists of 1.4 billion consumers. China is not only a production country, but is also an attractive market for more and more companies. When a product
When is it allowed to use your competitors / market leaders brand as an Adword in an online campaign? In a recent case defendant carried out a comparison test of
Within trademark law we are familiar with the protection of Designations of Origin. These are terms that can only be used by companies if they meet certain strict conditions, for
An online row occurred in China about an exhibition of Feng Feng’s paintings. Stylized rabbits with a duck beak, strongly reminding of Dick Bruna’s Miffy. The artist rejects accusations of
When Jürgen Klinsmann seeks trademark protection of a silhouette image of his bicycle kick in the match against Bayern Munich for print, clothing and beverages, Panini objects.
I would like to finish by the fact that, due to the increasing attention to IP rights, it is now clear to the business world, that IP protection is an
Bullsone markets automotive cleaning and maintenance products. In South Korea, the company has a market share of 90%. An aggressive bull features as their logo. Red Bull is one of
Every year many rankings of trademark agencies are published. These are important of course for us as an office and for companies seeking representative. The WTR1000 (World Trademark Review 2021)
Many companies seem to think that listing the company’s name in the commercial register at the Chamber of Commerce or having the internet domain provides sufficient protection against third parties
The Spanish company Casa Vigar designs all sorts of household products, including dish brushes. This brush was protected with a Community Design Registration (requirements: novelty and individual character). Characteristic features
Advertisers are keen on using influencers to promote their products on social media. Some vloggers’ reach is immense and they are ideal for pushing a product into the attention of
Many businesses sell products online through platforms such as Amazon and Bol.com. If a potential customer is looking for the product online, it is preferable that ends up with the
Fraudulent invoices are an ineradicable pest in our business, it is getting worse and worse. Recently invoices were sent using the logos of the official trademark authorities like BOIP, EUIPO
Tony Chocolonely recently started a campaign in order to expose slavery and child labor in the world of cocoa. The goal is to end this sort of abuse. By offering
As an introduction of the brand Picnic, the company launched a viral parody of the Jumbo commercials featuring Max Verstappen. Celebrities popularity can be monetized. For that reason Max started
Brexit became a fact at the end of 2020. The consequences of this work in all directions. EU trade marks were automatically split in a national UK trademark (implicating double
For years people have been fighting against the name WASHINGTON REDSKINS. In 1993, the National Congress of American Indians stated that the club name is derogatory and racist to Native
The trademark application for the HelloFresh logo has been opposed successfully by the Czech company Linea Nivnice. It argued that the HelloFresh logo is confusingly similar to its word mark
In February, Chilean teacher Yohana Agurto lost her job. Being a single mother of four, her situation got even worse when Chile went into lockdown due to the Corona outbreak.
Shapemarks are not uncommon in the chocolate industry. Think of Toblerone’s triangular shape, Tony Chocolonely’s unevenly spaced blocks and last but not least the famous KitKat bar. Ritter Sport has
Although it seems talks are still continuing between EU and the British government, it looks like we should seriously consider the possibility of a hard Brexit as per January 1st
There is a sequel to the case concerning Hema’s underwear. The question was if crocodile decorated kids underwear constitutes an infringement on the Lacoste logo. At first, the court ruled
China’s trademark register works on a “first-to-file” basis. This allows trademark hijackers to quickly claim a foreign trademark, in the hope of selling it to the trademark owner later. Some
Logos are very important in fashion. Consumers usually have the first glance at clothing hanging or lying in the store shelves and they recognize the brand immediately by the neck
Since 2006, the CROSSFIT trademark has been registered in the European Union for fitness training. This fitness program was conceived in America, using car tires and sandbags. The concept and
In recent years, large social media platforms such as Facebook seem to be increasingly bound by rules. But to what extent can these large internationally powerful platforms be curbed? Eva
Many companies use the Madrid treaty‘s system to expand their trademark protection internationally. However, there is a similar system to claim product designs. Note that design protection is only possible
Many companies assume that the use of a trading name or a domain name is sufficient to make a broad claim on the exclusive right to that name. These assumptions
BMW has been around for almost 100 years, making motorcycles (since 1923) and cars (since 1928). The company has registered its trademark rights worldwide. In India, these rights go back
Not only King’s Day (a Dutch national holiday celebrating the birthday of the sovereign) celebrations were limited this year, also the number of follow-on advertising campaigns was scarce. Question is:
In the Benelux we do not know an exclusive right to our own name. If a company wants to claim a family name as its exclusive name, it will have
Adidas uses three parallel stripes as the distinguishing sign of its products. Characteristic is the number and the fact that the stripes are just as wide as the space between
Last year, the EU Court passed an important ruling on the relationship between design law and copyright. It was indicated that copyright does not always provide the same protection as
HEKS’NKAAS (Witches’ Cheese) is a herbal cream/cheese dip and has been a hit in the Netherlands for years. When production is shifted from one party to another, the former producer
The number of Facebook users was estimated at 2.3 billion early 2019. This makes the medium an ideal platform for advertisers. Facebook therefore makes high turnover, last year the advertising
Copyright also applies to works of applied art. Because trends change rapidly in the garments-/fashion industry, manufacturers often rely on unregistered designs or on copyright to protect their designs. The
Trademarks are sometimes used in works of art. Well-known examples of recent years are: Darfurnica by Nadia Plesner with the Louis Vuitton bag and Banksy’s Dismaland (Disney trademarks). Trademark owners
Many companies use (semi) descriptive brand names. The advantage being that the brand name immediately clarifies what product/service is offered. The disadvantage is that such brand names are often not
Dutch TV host Arjan Lubach mercilessly exposed the practices of RUMAG last season. Rumag markets T-shirts with famous quotes translated literally, in ALLCAPS separated by dots instead of spaces. This
Famous athletes often file their name as a trademark. They often hold these registrations in their own IP company. This way, the athlete can cash in on his/her popularity and
Humor is not equally appreciated by everyone. After the riot with Jan Kooijman, sauce maker Remia is back on the game with its BBQ sauce advertisement. On the label of
Two requirements have to be met to claim design protection of a product through a registered design. The design must be new and have its individual character. A product has
Bentley Clothing has been selling garments, such as T-shirts, sweatshirts and hats, in the UK since 1962. Their products sell at prices between £ 25 and £ 45. Bentley Motors,
AMS Neve manufactures and sells audio equipment in the United Kingdom. The trademark 1073 is registered in the European Union for recording equipment in class 9. AMS Neve files a
Petsbelle designs, produces and markets scratching posts. In order to protect the design of its products, the company applies for European design protection. There are two important requirements for a
This January 17th our colleague Jos van der Linden passed the final exam of the 2 year professional training and certification program of the Benelux association of Trademark and Design
After a rather ominous period of silence, last January 24th the European Union and the UK placed the necessary signatures in order for England to formally leave the EU on
Copyright does not only apply to Art with a capital “A”. Products of applied art are also often seen as a creation. If this is the case, then a work
When choosing a title for an online game it is wise to check whether this name can be used freely. 3D Realms, developers of Duke Nukem, learned this when it
When examining a new trademark application, the authorities also assess whether the trademark may be in breach of public policy and the accepted principles of morality. The Benelux authorities are
A trademark is under obligation of use five years from filing. Since proof of use can be difficult to collect (see BigMac –Abcors ABC-no. 35), companies re-file their most important
Following Canada (this summer) it is also possible to claim trademark protection for Brazil via the Madrid system of International Trademark Registration from 2 October. Through the International Registration it
EasyGroup (established in 1995) uses a wide range of Easy names, such as EasyJet, EasyHotel and EasyCar. EASYJET was registered as a European trademark in 2015. When other companies try
A Dutch chain of petrol stations has been using a fictional character named “Tom de Ridder” in its radio commercials since 2009, in order to promote its payment card and
Starting last summer, Sezen Sümer joined Abcor’s team as a trademark assistant, after doing her thesis research within our office. She wrote about the problems that arise as a result
Comparative advertising is allowed. Stronger still: comparative advertising should be considered a good thing. By comparative advertising consumers are better informed of the existence of equivalent alternatives. This allows for
On TV the most horrifying images can be seen on a daily basis, violence and aggression alr also commonly seen in games. However, there are quite strict rules to ensure
This spring Ellen Streekstra and Tanja Oosterman joined Abcor. Ellen has been active as a trademark attorney for 20 years. She gained a lot of experience at various trademark agencies,
This spring, RTL News reports that personal data of thousands of children had fallen into the hands of third parties. Youth care Utrecht had changed its name. For that reason,
Ray-ban sunglasses are offered for sale on a closed Facebook group called ‘Marketplace without rules’ with the following text: “This spring/summer original Ray-ban sunglasses from € 85,-. Nowhere to be
With an International Registration it is quite cheap and easy to claim protection abroad. At present, 120 countries are already members of this treaty. Canada joined on June 17th 2019.
Red Bull has a reputation of vigorously enforcing its trademark rights. Actions are taken against every new player in the market for energy drinks, using the word BULL or any
It’s no secret that Lidl regularly has private labels that have striking similarity to those of well-known A-brands. Think of Zagerman sausages (vs Stegeman) and Duetti chocolate spread (vs. Duo
In 2011 and 2012, Neymar was named best football player in South America. Ever since that moment, NEYMAR trademarks were registered all over the world taking advantage of his success.
A legal battle has been going on for years about the very nice domain name . Gaos has registered this domain name as far back as 1999. Fuelplaza operates petrol
The annual CTA China Trademark Festival is one of the biggest IP conferences in China with over a 1500 attendees. MARQUES hosted the forum ’Chinese brands go to Europe’ in
Many companies register the design of new products in the EU with a Community Design. This allows counterfeiting to be tackled easily and the company maintains a monopoly on this
Rock band Guns N’ Roses has been an established name for decades. Its popularity hasn’t faded, given the 17 million followers on Facebook. The band holds three American trademark registrations
Since 1993, Frito-Lay has been marketing TIJGERNOOTJES (TIGERNUTS); a peanut with a crispy shell. As result of the baking process, the outer dough layer is cracked. therefore, the nut has
A Dutch timber company claims it has been contacted by a company called “the Trademark Office” in 2018 with an offer to register it company name as and have
The Benelux trade mark office can refuse a trademark if it feels that this is descriptive. This decision can be appealed at the Benelux Court of Appeal. In the past
In China the number of trademarks filed is the highest worldwide. Comparing, in the Benelux 22,000 trademarks are filed per year, whereas an astounding 7.7 million trademark applications were filed
Not only the typography of Coca-Cola is world famous, also the white wave against a red background design has a high grade of recognition. These elements are naturally registered as
Lacoste has registered its crocodile emblem as a device-mark for clothing. Does this give the company a right to ban any use of crocodiles on clothing? The lawsuit that Lacoste
In the Netherlands we have a very quick procedure in place to get an immediately enforceable banning order issued by court (the so called Art. 1019e). However, recently courts have
There are more possible trademarks than just a logo or a word. Other characteristics also have the ability to distinguish one vendor’s offering from another one’s. A shape, sound, motion
The Lion King is launched in 1994 by Disney. To prevent parasitic use, the company registers the film title and logo as a trademark. Also songs titles from the film
restaurants. McDonald’s opposes this filing because SUPERMAC’S sounds confusingly like BIG MAC. McDonald’s bases its opposition on their 1998 EU-trademark registration. As a counter-measure, Supermac’s incites a cancellation action against
In January 2019 Abcor has been recommended as Dutch experts in the field of Intellectual Property Law. Last week we were informed to be nominated for best Trademark Law firm
Earlier this year Hasbro was granted trademark protection for the smell of its Play-Doh clay by the US trademark office. The mark had been filed for: ‘a scent of a
Last month BOIP, the trademark office of the Benelux countries, announced that it will change the system of fees for filing trademarks from January 1st 2019.
Until that date, the
In 2017, Mexx International acquired all IP rights of the former lifestyle brand Mexx. In doing so it became owner of the many MEXX trademarks for clothing and bed linen.
When consumers are bothered by the content of advertising, they can file a complaint with “the Dutch Advertising Code Committee”. This is easy and free of charge. Fortunately, complaints are
Domain names are registered on ‘first come, first served’ basis. This created a new phenomenon called: domain name hijacking. Quickly register domain names with names of famous people or famous
As opposed to the match in the Champions League, Bayern Munich did end up on top in the competition for its logo this year. In 2002, the FC BAYERN MUNCHEN
A professional illustrator is commissioned by a Dutch broadcasting company to make a silhouette drawing of a Santa-Claus figure seated on horseback. A few years later, this image (be it
Well-known trademarks enjoy extensive protection. This is actually necessary to prevent other companies from free-riding on the coat-tails of their success. Many free-rider companies think they can get away with
Copyright does not only apply to art with the capital A. Also daily used articles are covered by its protection. However, the product (a work) must be an original creation.
This summer Ilja Gort, a well-known Dutch writer, musician and wine maker, made his way into court again. This time, the question was whether the brand “Dutch Tulip Vodka” is
To prevent third parties from using the name and heritage of John Lennon, Yoko Ono has registered the name as a trademark. The word mark JOHN LENNON is registered for
Positive ratings one ones website can be very important. For that reason, it seems attractive to bend the truth a little bit as a company / website manager. For example,
In the new billboard campaign of Suitsupply we see a male in suit putting his hand on the chest of another male, while another one depicts two kissing males. The
The outer appearance of a product can be claimed with a registered design. There are two requirements for this. The design must be novel and have an individual character. The
After part 1 (tradenames and trademarks), part 2 (protection of ideas), part 3 (designs and design protection) and part 4 (advertising), this spring part 5 (online) of the eBook series
Companies can object to a new trademark if the signs are similar. The new trademark must also be filed for identical, similar or complementary products. If it concerns completely different
Reviews are very important for consumers and give guidance when placing orders (for example booking.com, Airbnb.nl or iens.nl). In a world that is overwhelmed by fake news, nobody will be
Pepsi has been using the Pepsi Globe logo since 1991, consisting of a round sphere with wave shaped surfaces in the colors red, white and blue. Since then, the logo
Picnic, a chain of grocery stores, has put himself in the spotlight in one strike with parody of a competitor’s commercial starring popular formula 1 driver Max Verstappen. As hoped
A registered trademark has to be used within five years. If not, the expiration of this trademark can be invoked. Until recently, this could only be done through an (expensive)
Levi Strauss puts a lot of effort in securing the reputation of its jeans’ brands. The company has registered many marks and signs as trademarks. Not only the name LEVI’S
Can you free-ride on the wave of publicity surrounding the World Cup as a company? In principle you can, as long as this is not in conflict with any statutory
Colours can be trademarks. For many, the colour combination of blue and silver, is sufficient to recognize the Red Bull energy drink. In order to protect this colour combination, Red
This spring, a little more became clear about on the effects of Brexit on companies with an EU trademark / EU registered design. The European Commission has published a draft
An International trademark registration provides relatively cheap and easy protection abroad. Therefore, an increasing number of countries is joining the treaty, like Indonesia. The registration process is not only cheaper,
Presumably Crumpy Cat is the most famous cat in the world. The cat’s (real name Tardar Sauce) career was launched in 2012 when its picture was published on Reddit. The
Advertising is legally protected by the constitutional right, freedom of speech. However, can this freedom be limited if certain advertising is harmful or insulting to certain religious groups? This question
A word trademark registration covers the use of the word in every writing style. For that reason, companies prefer registering trademarks in standard characters. So if the logo chances, the
There are strict rules regarding the use of the terms ‘Royal’ or ‘purveyor to the Royal household’. These are titles, granted by the King to companies with a prominent position
Many believe that the registration of a logo provides limited protection, but current jurisprudence shows the opposite. The LOCK case and the recent decision concerning the logo of Nationale Nederlanden
In 1974 Erno Rubik develops a 3D puzzle, a cube with 6 coloured surfaces. The mechanism is protected by a Hungarian patent. Each infringement of the invention can be prevented
Everybody knows that the Benelux trademark authorities are very liberal as it comes to accepting trademarks. By law, they can refuse trademarks that are contrary to the public order or
Dutch radio-station “Radio 538” has a reputation for making controversial campaigns, resulting in many complaints before the RCC (The Dutch Advertising Code) after the launch of every summer campaign. It
Until a few years ago design law was of minor importance in the Benelux. Those days are over now. Over the last few years multiple decisions have been issued based
It is common knowledge that fame and fortune has its price. So, what about the privacy protection of ordinary people? As a rule, pictures of persons (with the exception of
As early as in 1999, Diesel registered it´s D-logo for clothing in the European Union. When Sprinter Megacentros files its own D-logo in the European Union, Diesel opposes. Initially Diesel’s
For the new Magnum Ice-cream campaign, Unilever files the trademark RELEASE THE BEAST. The trademark is claimed for ice cream and ice lollies. Monster opposes on the basis of its
Three Dutch professional football players launch the fashion trademark BALR in 2013. The black and white T-shirts with the print BALR have become popular and well-known. Especially when Angel di
WIPO’S International trademark registration offers the possibility of affordable trademark protection abroad. Almost a hundred countries have joined already. The latest newcomer is Thailand.
Mascha Feoktistova is a well-known vlogger (her Beautygloss vlog has over half a million followers). She publishes a video about her Botox treatment on YouTube. Firstly claiming that she wants
In many countries trademarks have to be used within 5 years, if not, third parties can initiate a cancellation procedure. Could this rule be used, to obtain a well-known trademark
Scotch & Soda sells down jackets since 2012. When Esprit launches a similar jacket in 2015, Scotch protests, claiming its copyrights (No European design was timely filed). Esprit stops the
Last year, an interesting ruling was passed by the judge regarding the use of stock photos. Normally, stock photos are protected by copyright law. The main rule is, that an
In our profession, fraudulent or misleading invoices remain an ineradicable evil, which is spreading all over Europe. It is important that companies file a report (in the Netherlands there is
Well-known trademarks have a broader protection against third parties that seek to take advantage of their reputation. How far does the protection reach?
For many years, Apple has been one
VIAGRA is one of Pfizer’s main trademarks. Since its introduction in 1998, the product is a great success with a yearly revenue of little over a billion Euros. The product
Trademarks may not be confusingly similar. The trademarks are being compared in order to decide if this is the case. The judge compares the trademarks visually, phonetically and conceptually. However,
Not every trademark is automatically accepted by the authorities. As everybody knows, a trademark should be sufficiently distinctive, in order to be admitted. But there are other criteria as well.
An idea itself cannot be protected, only its implementation can. The shape of a product can be protected by copyrights or design rights. If these rights are not available, in
There are various types of trademarks. Besides words and logo’s companies also claim less common signs like, packaging, melodies, and even the outline of a shop. Since 2010 there is
Per April 1, Mirjam de Werd and Frank Schouten joined the Abcor team in Leiden. Mirjam de Werd started her career at a trademark agency and made a transfer to
In the new Jumbo commercials Max Verstappen is racing from client to client in his Formula 1 car delivering online orders. In less than a day after the launch of
In the year 2001, tapas restaurant ‘the Encounter’ opens its doors in the city of Nijmegen. They register their logo for catering services, in order to protect the goodwill of
It is a common thought among entrepreneurs that IP rights have no value in China. Nowadays, this (mis-) conception is completely outdated. In 2015 Chinese companies filed more than a
In 2012, Trine Anderson designs the Wire Basket. She created this design as an employee of the firm Ferm Living. In the Netherlands the copyrights belong to the company if
Design rights are the perfect tool to claim protection of shapes. However, this right has its limitations. Lose parts of an object cannot be protected through design rights. The philosophy
Drinkopoly is a remarkable game. Basically, the main goal is to drink with your friends. As you can imagine, playing the game is a unique experience every time, because one
Spring this year, part 4 of the eBook series IE- in bedrijf, which Theo-Willem co-authors was launched. The series follows the life cycle of a company (from start to sale).
When is the use of a text or design Trademark infringement? An important question, since the increasing use of words and bright colors on t-shirts and sweaters.
H&M sells sweaters
Since 2013 many new domain name extensions have been launched. One of them is .FOOTBALL (especially for Football teams). From June 2015, the domain name became available to the public,
Spa Monopole has been granted an exclusive license, by the authorities, to exploit the natural water sources and thermal baths of the Spa region. The firm has registered the trademark
In 2014 the EUIPO presented a new guideline regarding the admissibility of logo´s as a registered trademark. A little stripe under the word or a square as background will not
A well-known phenomenon in our business are the so called ghost invoices. Unfortunately they are all too common, even these days. Invoices are sent to trademark owners after they filed
For the first time a suspect has been condemned, in the Netherlands, to 18 months in prison for sending fake invoices. By the end of March this year, the court
During Balenciaga’s spring show, all of a sudden an oversized bag is shown on the catwalk which very much resembles the famous cobalt blue Ikea bag, designed by Marianne and
In order to register a product as a design, a number of images should be filed, which basically explain what the design actually looks like. Not a great deal of
In the fall of last year part 2 of the eBook series IE- in bedrijf, which Theo-Willem coauthors was launched. The series follows the life cycle of a company (from
The European Trademark office (OHIM) will change its name on March 23 into EUIPO. Since trademark owners are confronted with many “ghost invoice” (invoices that are fake but claim to
In the Netherlands the ADCN lamps and the Cannes Lions are the important awards for the creativity of an advertising agency. Often there is a striking similarity between the winning
Since 1996, NEINVER has opened a variety of outlet stores in (mainly South) Europe, under the name THE STYLE OUTLETS (registered as a European Union trademark). The company wants to
A difficult question for many companies that are active beyond the border is where to register the trademark. Just on the home market or in other countries as well. For
Many companies register their company name and trademarks as wordmark only. Often, however, a logo is also use. If this logo is distinctive and plays an important role in communication
In the summer part 3 of the eBook series IE- in bedrijf, which Theo-Willem coauthors, was launched. The series follows the life cycle of a company (from start to sale).
In 2014, Marijn Oomen launches the inflatable life size lounge seat, the LAMZAC Hangout. One simply swings the lightweight bag and it fills itself with air and creates a life
The court in New York has opened the door for parody in trademark law. My other Bag sells canvas bags with the test “My Other Bag” on the front and
The European Parliament has approved the new European Trademark Directive, which will come into force on March 23. There are some important changes. The registration fees will be paid per
Louis van Gaal, a Dutch soccer coach, always knows how to get and keep the media’s attention. An advertising agency bought a picture at Getty Images concerning the Dutch soccer
Cartoon figures are regularly used to market child products. Ehrman (a big German dairy products company) launches Monster Backe, a friendly smiling dinosaur, in 2006. The character is being used
If England leaves the European Union, there won´t be consequences just for English companies. In general, every company owning a European Union Trademark or European Union design will lose protection
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
Suit Supply is a company that manufactures and sells reasonably priced quality suits for men. It has also built itself a reputation, in the Netherlands, for its controversial commercials. Also
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
In 1965 Storck (the German manufacturer of Merci) introduces the brilliant idea to market chocolate specifically as a gift. Chocolate for friends to show your gratitude. Therefore all commercials end
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
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
In 2000 Lego filed a drawing of her figurines as a shape mark to protect it from third parties that may want to copy it. BestLock (a competitor) started a
Eichholtz sells furniture in all of Europe. At a exhibition in Paris it shows its new tables. The tables are made of glass in a frame with eight corners (colours
The advertising commission received a complaint about a liked message on the Facebook account of a grand café. The ad shows Patsy and Edina, who are apparently famous for being
Using a trademark in a joke about the latest news is mostly allowed as a parody. However, where is the crossing line between making a parody and commercially profiting? We
This year, Google has been proclaimed (in the Brandtz top 100) as the most valuable trademark in the world (an estimated 229 billion US dollars). In the top 100 there
In Europe there are certain guidelines one must follow when it comes to packaging of products. It is important that the packaging does not mislead the consumer as to the
Fuelplaza exploits gas stations under the name OK. The company registered the logo OK in 1983 in the Benelux. On the internet the company is found at ok-olie.nl. Because ok.nl
In 2011 Basil Denton unveils the new rotan bicycle basket, with leather strips. Less than a year later the competition introduces a basket that looks suspiciously alike, the Java New
In June the new logo for the 2020 Olympic Games in Tokyo was leaked. The logo was designed by the Japanese artist Kenjiro Sano and is based on the capital
In the Benelux there are no separate rules for the registration of personal names as a trademark. Since 2012 Roy Donders has become famous, thanks to various TV shows. In
A famous trademark may oppose the use of a comparable sign for completely different products. In a trademark application is filed for an orange T-Shirt that bears number 14, which
The Big Green Egg is a ceramic barbecue. The egg shaped barbecue ensures that the air is circulated, which means dishes are cooked evenly. Aside from barbecuing the machine can
Some artists use trademarks to highlight societal problems. For the owner of the trademark in question this is often unpleasant. The trademarks is linked to nasty experiences. In case of
Through trademark law a sign may be protected. Many different signs are accepted, for example: logos, packaging, pictures of buildings, comic book characters etc. However, there is a minimum requirement
Copyright gives companies the ability to act against unwanted copies of their creation. In most cases these are traditional creations such as books, movies or music. It does entail a
A trademark enables a company to stop other from using trademarks for similar and identical goods. Some trademark owners, however, try to stretch their rights to the very limit. Red
German artist Thomas Horn is the creative mind behind the new clothing line PUDEL. The logo shows a black silhouette of a jumping poodle. The word PUDEL is written in
Google often offers trademarks from competitors as Adword, however, does this mean you may actually use them too? City Box offers (temporary) storage space for goods. The company has registered
In 1999 New Zealander Geoff Ross introduces a new pure vodka under the name 42BELOW. Bacardi buys the company eventually, after the product turned out to be a great success,
In 2012 The Butcher opens her doors in Amsterdam. A new culinary concept based on high standard hamburgers, which are prepared with fresh ingredients. The hamburger meat is on display
Up until now there has not been much attention for the launch of the new domain name extensions in the Benelux. Worldwide, however, there is a true war going on
A number of large supermarkets seems to almost enjoy offering products that are very similar to well-known brands. Until recently, the emphasis was mostly on the packaging. Nowadays they are
This past month the first part of the eBook series IE-in bedrijf (IP-in company), for which we are the co-author, was launched. The series follows the life cycle of a
Social media is becoming more important in communication. Some companies anticipate on this. Coca Cola (2 million followers on Twitter), for example has recently filed two trademark applications for her
A trademark right does not only give protection against use by other of the trademark for similar products, but also for complementary products. The question is, however, how far does
Under the name PRONAILS, for many years, Amazing Brands has sold artificial nails and related products. In 2012 trademark protection is sought in the Benelux, however, the trademark is refused
Plaintiff makes furniture made of glass fiber and polyethyleen and is the maker of the Ball Chair (designed in 1998(. Ramblaz produces promotion articles and at the request of a
At the beginning of this year the Hague Museum announced that they were able to buy one of te original Mondriaan dresses from Yves Saint Lauren. The dress is dubbed
In almost complete silence the extension .AMSTERDAM was launched last March. We believe this extension does deserve attention because it will be an important alternative to the .nl extension in
A good domain name can have great commercial value. There are many companies that register domain names and subsequently sell it for great profits. In order to force a transfer
In the Benelux there are no separate rules for the registration of personal names as a trademark. The advantage of this is that a company may use a fictitious person
After a test phase of three months the .FRL extension (for Friesland, a province of the Netherlands) was launched. A hundred prominent Frisian organizations (such as Boomsma, van de Beerenburg
Polo by horseback has been played since ancient antiquity. The American company Ralph Lauren uses this image as a logo for her clothing line. However, there are many other forms
eBay filed a procedure with the WIPO in November to retrieve more than one thousand domain names. The domain names were registered by a Chinese company three months earlier and
On February 7th the new theatre comedy of Toupe of Joep premiered. A week before opening night Blue Circle, the producer of Farmer searches Wife, clearly voiced its unhappiness. In
To commemorate its ten year anniversary Leerkus MotoFun sent a funny mailing with the theme “extreme amount of tax refunds!!”. The mailing was addressed to “whoever inhabits this address” and
In 2011 Italian restaurant Eataly opens its doors in Tilburg. According to the tradename register there are several other restaurants in the Netherlands with this name. Since the activities of
Wang is a very successful fashion designer from America. In the Netherlands hij is most familiar because of the fall collection 2014 of H&M. In December of 2011 the name
A trademark registration is a powerful tool to prevent another company from introducing a product with a similar name. This is, however, not always the case. In most of the
In order to optimally protect the goodwill of their brand Coca Cola not only registered the word COCA COLA as a trademark, but also the figurative elements surrounding it, such
Designs are often filed with the use of drawings, however, if texture or material is essential to the design, it is sometimes better to use photos. Happy Cocooning sells table
Every week since January of this year new top level domain names are launched. For companies this is very relevant. At the conception of a new trademark or product the
In order to prevent coat tail riding, names and logos of television shows are often registered as trademarks. Use is allowed if a license fee is paid. IDTV is the
Canadian Joel Thomas Zimmerman, better known as DJ Deadmau5, has been battling with Disney over his logo. For over ten years the DJ has been using a round LED helmet
Apple has been trying to protect the look and feel of her store in Europe as a trademark for
Often claims of superiority are a form
Sometimes I feel a bit ashamed to tell people that I’m a trademark Attorney when
Patent protection is a right that allows the patent holder to prohibit others from manufacturing, using, trading, further selling, offering, importing, or stocking their patented invention. When should you apply
The value of a patent does not necessarily have to be directly related to the strength of the patent right. I will try to explain this. A patent is a
For start-ups with a technical and innovative product, applying for a patent may be a requirement to successfully attract investors. However, filing a patent application can be an expensive undertaking,
In October of 2009 Nissan introduced the Land Glider during the Tokyo Motor Show. A
Christina Arvin Hembo is a jewelerry designer from Denmark. Her jewellery is composed of expensive material such as gold, silver and precious stones, which can be attached to leather bracelets.
Fortuna has a website with information on boat trips. On one of the pages a picture is shown of Volendam, comparable with the picture below, without a notification of who
Campaigns from Wakker Dier (an animal rights organization from the Netherlands) are always highly criticized. More often than not the complainant is not the company that is being criticized, but
Campaigns from Belgian political party Vlaams Belang often lead to court cases. The latest campaign for the European Parliamentary elections was no different: “Westmal of halal”. In the campaign we
A special packaging is often enables a manufacturer to distinguish himself from the competition. Most of the times, however, a shape cannot be registered as a trademark. The authorities usually
Mark Retera (winner of the comic prize 2004) has been publishing the comic book Dirkjan since 1989. The main character Dirkjan has been registered as a trademark in the Benelux
Often the question is asked whether words or images with a great societal significance, religiously or otherwise, can be registered as trademarks. Since there are no specific provisions
Fifty years ago the Beatles had their first (and last) performance in the Netherlands. That first special concert was on June 5 in Treslong in Hillegom. In order
The law dictates that not any sign may be registered as a trademark. If a trademark purely describes the product it is applied for the authorities will refuse to register
Loes Vrij is a new Dutch designed who became famous over night with her innovative designs for
Language continually develops. Due to the rise in social media symbols and numbers have gotten a new meaning. Abbreviations such as 4U (for you), 2day (today), and CU (see you)
A new UNOX commercial has ruffled a few feathers. In the commercial a few daughters visit their mother for dinner. In a concerned tone one of the daughters asked her
In clothing and fashion accessories logos play an important role. Consumers often recognize product snot only by their name, but also by their labels. The visual element is therefore extremely
In 2013 over 13,800 companies went bankrupt. In case of a bankruptcy, however, a company’s goodwill does not disappear. That is why a curator will always explore possibilities of a
Britt Dekker, a Dutch celebrity, was photographed by Playboy in 2011 for their Christmas Special. Two weeks later website GeenStijl received an anonymous tip (using an alias) that the pictures
The shape of furniture (and other shapes of applied arts) can be easily protected with a design registration. This can be licensed to third parties and can be used in
Big sporting events are always a good venue for predatory forms
Companies reserve an increasingly bigger portion of their marketing budget for Social Media campaigns. The disadvantage of Social Media is that users do not always know who the message is
The famous British reggae/pop group UB40 was founded in 1978 by a few unemployed friends. In 2008 lead singer Ali Campbell and Mickey Virtue leave the band, after some disagreement
In many companies the corporate
In order to gain attention for your products with the general public it can be very attractive to align your
Ernest Evans, better known as the rocker Chubby Checker,
In England, a riot occurred surrounding the fantastic new commercial for Unilever’s Marmite. The commercial has a report like layout. Rescue teams enter houses to save unused and neglected Marmite
The Dutch company Avelon designs and manufactures clothing including a special jacket. The most special about the jacket: the combination suede leather and contrasting pink zipper that runs in a
Any inclusion of state symbols, such as flags, in a non-governmental logo can lead to problems. The use of symbols that refer to the European Union, such as the twelve
The use of INN stems in trademarks has caused quite a stir. The World health Organization has issued a memo in 2011 on the use thereof. It is desirable that
Nutella’s choco paste is world famous. It is being sold in over 190 countries and has a very distinctive packaging. Ferrero has registered the name NUTELLA, as well as
UGG Australia is a worldwide success. In order to protect the shape of the boot, the American producer registers a design in the European Union in 2008. Typical elements of
Many retailers use the trademark of a manufacturer to indicate that they sell these products. There is nothing wrong with that, as long as that use is honest and there
Since March, the Trademark Clearinghouse (TMCH) started. A database of trademark holders can register their trademarks. Its purpose is to enable proprietors to quickly and easily apply for an application
Popular trademarks are sometimes used by the general public to describe a certain type of product. For example aspirine and luxaflex, and Google and Twitter in our time. For a
Marks & Spencer has bought the keyword Interflora with Google to promote its website. The website was an alternative to the Interflora ‘s services, because M & S’ floral department
For companies that want to produce (or market) their products in China it is of great importance to timely register the brand. In China, the system of first-come first-served applies.
The Apple Store is a worldwide phenomenon. It has a unique and transparent character. Not only because of the glass front, but also because of the glass, floating stairs, the
Christian Louboutin has caused a revival of the stiletto heel. His shoes are easily recognizable by its red sole (and the 500.- to 1,000.- Euro price tag). Because of its
Trademarks are usually refused because they are descriptive. In some rare cases a trademark is refused because it is deemed offensive to a part of the public. In Germany the
Wim van den Berg repairs, maintains and sells only Porsches, for many years. Since 1996, he calls his company “Porsche Specialist van den Berg”. In 1999 he registers the domain
The ECJ has decided that use of a trademark as an adword is allowed as long as the consumer has the ability to determine the origin of the sign used.
In domain name conflicts there are two possibilities for a procedure. Either a court procedure or a procedure with WIPO, the UDRP. The UDRP was conceived in order to obtain
Many businesses are under the false impression that a registration of their name with the Chamber of Commerce is all that they need. Often, this is not the case at
The city of Paris registered the brands PARVI and PARVI, PARIS VILLE NUMERIQUE as trademarks in 2002, for Internet communications among other things. The trademark is used for WIFI connections
The Dutch Court of Cassation has recently given a very clear verdict on the extent of copyright law. Can a style or trend be protected against passing off if no
BMW has registered the letter M as a trademark. The German Trademark Office decided that the letter sufficiently distinctive for sports cars. Important in the consideration of the trademark authorities
Misogynistic or sexually loaded commercials can usually expect their fair share of criticism. In the Netherlands the boundry of what is allowed is often being explored. It is clear that
The Benelux Trade Mark Office (BOIP) has decided to refuse the registration of the mark Allah. The mark was applied for clothes. Strange is not the refusal, but the reasoning
There is still much unclear about the procedure and when the first phase of the Trademark Clearinghouse starts. But, because we are already behind schedule, it is expected that one
Mother Pucker is a new Lemon Fresh drink. The logo and the label state: ‘Lemonade’. A complaint with the Advertising Code Committee (RCC) is filed in response. The complainant argues
It is not always easy to put your mark on the market without problems. The Chinese car company Qoros Automotive can endorse this phrase since they brought their new car
Catering Companies often find it unnecessary to perform a search for their trade name prior to starting their company. This is unwise, because clever catering companies register their name to
Through home-shopper.nl “The Natural Blue Pill” was offered for sale. Although nothing is said about the composition and no medical claims are made, the color blue and the accompanying text
The Australian trademark authorities refused the trademark ZELCIVOL of Boehringer Ingelheim in Class 5 for pharmaceutical preparations. This because of the fact that the trademark contains the INN stem OL.
Historical KWAK beer is served in a very special glass in a wooden glass holder. Brewery Bosteels has registered a line drawing of the glass in the holder as trademark.
Trademarks that do not have distinctive character should be refused. This applies to all types of marks, word marks, shape marks etc. The policy used to be that integration should
Since 2011, the municipalities Anna Pavlovna, Niedorp, Wieringen and Wieringermeer merged into the new municipality “Hollands Kroon’. For the selection of six new employees the municipality wanted to use the
Haribo has been producing wine gums since 1967 in the shape of a bear. The sweets are sold under the brand GOLD BEARS in bags. The packaging contains a golden
When you mention Coca Cola the first thing people think of is soda with the characteristic red and white lay out. Coca Cola has decided to take an entirely different
These days every large sporting tournament or event has its own mascot. From a merchandising point of view this is a very clever thing to do. The mascot for the
A few years ago Jurjen Veldhoen starts a new, high fashion spectacles brand: JUP. Because the first sales were very positive our client decided to have his trademark protected as
A little over 5 years ago the time was ripe for a new kind of trademark agency in the Benelux. On October 1st 2007 Abcor was launched as a new
The world of tea bags is a unique and large market. The form of the pyramid shaped tea bag was therefore registered in 2007 as a shape mark. Tea Forté
Ever since 2008 a dispute has been running in Poland regarding the lanch and use of the Trademark COOLRIVER for eau de toilettes. Zino Davidoff objected against this trademark on
Everyone likes to earn money in a fast way. Generally, this will be achieved by working hard or by winning the lottery. Are you a creative person than
Red Bull likes to refer to well known facts and myths in their commercials. This time Red Bull based a commercial on a famous story from the Bible. In the
On July 27th, 2012 the Olympic Games will commence in London. This seems to be the time for all sorts of underhanded commercial tactics. The IOC will do whatever it
Pinterest is the newest sensation in social media. The website was launched in 2010. Ever since launching the app the number of users has grown explosively, from 10.000 to 11
Since January it is possible to apply for new generic top-level domain names with ICANN. At the moment there are only 21 gTLDs (such as .com and .org). The new
When a trademark is infringed by use of a domain name, two procedures are available to act against the other party: A court procedure or a UDRP procedure with WIPO.
In 2010 RB Europe started a cancelation action against RAW at OHIM. The reasoning for this being that RAW in its opinion is not distinctive for
Benetton has caused quite some commotion once again with her new campaign UNHATE. The campaign is based on polar opposites in the world, who greet each other intimately.
TWITTER is hot. That makes it an attractive medium to exploit. Increasingly, there are Twitter accounts created under the name of someone else. So the account
Lego offers an entire range of products such as doors, trees and miniature figurines (e.g. fireman) to use in combination with their famous blocks.
Banbao
Yoshida’s kitchen knives are easily identified by their handles. The handle has a pattern of small black dots, which appear to be indented upon further inspection. In order to protect
The new Zalando commercial humorously mocks people with a passion for shoes. In the commercial a bank robbery goes completely wrong at the moment the courier arrives with
Red Bull protects, since the launch of its new energy drinks, its brand with tooth and nail. Legal Proceedings are started everywhere (with varying success) against energy drinks
Last year and this year we received information that certain drugs are difficult to obtain. It concerns for example drugs with the following active ingredients: Bleomycin (anticancer agent),
Another European trademark has been refused due to bad morals. The logo ’Qué buenu ye! HIJOPUTA’ (Spanish for ’How good is that, SOB’) was applied for alcoholic drinks. Unfortunately the
Not every brand will be automatically registered. The most common refusal of the authorities, that a mark is descriptive / not distinctive. Very occasionally a brand is refused
In 2010 RB Europe started a cancelation action against RAW at OHIM. The reasoning for this being that RAW in its opinion is not distinctive for
Georgian Irakli Kiziriaartist introduced Louis Vuitton condoms on World Aids Day. The artist came up with this idea, because LVMH (Louis Vuitton’s parent company) supports various organizations in
Starting January 12, , for a period of ninety days organizations (both public and commercial institutions) may apply for their own top level extension (a gTLD). The new
Beyonce and Jay-Z have recently decided to register the name of their newborn baby, BLUE IVY CARTER, as a trademark. According to some media outlets the couple has
For advertising campaigns clients often require that they are indemnified against possible infringements of intellectual property rights owned by third parties. The consequence of this is
The Dutch Dress campaign by Bavaria has been named the most successful campaign of 2010. In social media, the Bavaria Babes were also the topic of the day.
After the first ruling on the use of brands such as Google Adwords, there is now a second important ruling relating to market places. L’Oreal filed a case
Univé is not the owner of the website UNIVE.COM. This is a Pay Per Click ads website for universities. Univé started a procedure with WIPO to claim the
The new campaign for Maybelline’s’ The Colossal Cat Eyes shows a leopard and two young tiger cubs on a leash. The mascara (and brush) gives a feline glance.
The Tobacco Act prohibits advertising and sponsorship of tobacco. The secretary of public regularly has to file procedures against covert advertisement of tobacco. Even the parody poster of
Doll houses for children have been around for many years. However, new variations are constantly coming onto the market. In 2005 Henkes introduced a new doll house named
Within a few years time VAKANTIEVEILINGEN.NL (vacation auctions.nl) became a leader in online auctions of vacations. In 2010 the site was named the most popular website in the
In our last newsletter we showcased a campaign by Suit Supply, that was borderline inadmissible. The Advertising Code Committee was not given a reprieve because a new case,
Bratz is a line of toys, featuring dolls with exaggerated facial features, owned by American MGA ENTERTAINMENT. The first dolls were launched in 2001, but the real success
Van Raalte, specialized in plastic displays conceived and created a mobile plastic display with a separate base / stand. This product was registered as a design in 2000.
A restaurant in London has started selling ice cream made from breast milk, called Baby Gaga. Fifteen young mothers supplied their milk and received an unknown payment in
Deac sells CAFEMA coffee to companies in the Netherlands. COFFEMA produces coffee machines for the professional market. In order to protect its trademark rights COFFEMA seeks to register
Famous brands have a wider scope of protection. The European Court in the case of L’Oréal / Bellure decided that “It is no longer admissible to sail in
Suit Supply’s new campaign “Shameless” caused a lot of commotion. It did not take long before the Dutch Advertising Standards Authority (RCC) was flooded with complaints. The complainants
For years Antonio Federici has been making notorious and satirical advertisements. Just like last year this year’s advertisement has been banned by the Advertising Standards Authority in the
For years now Barbie has been a major success for Mattell. Barbie is placed at no. 97 of the top 100 most important trademark in the world. Naturally
Red Pepper was a very well known advertising company in the Netherlands. Although bankrupt since 2008 its reputation has survived. To this day people associate the name
The shape of a product is usually one of the most recognizable aspects. Consumers usually recognize the product from a certain brand by its shape alone, and often do not
Until recently trademark owners in Europe were given preferential treatment by Google. Owners were, for example, able to start a complaint procedure that would disable any and all third parties
In our second item on tobacco the “victim” is Davidoff. Davidoff is one of the main sponsors of the Swiss ATP Indoor Tennis Tournament. Apparently the connection between smoking and
A new Diesel campaign has made some shockwaves in England. The campaign has the credo. “Be Stupid” – “Smart may have the brains, but Stupid has the balls”. As if
In the past Ferrari’s Formula 1 cars used to sport the name of their sponsor MARLBORO on the side of their cars.
In our second item on tobacco the “victim” is Davidoff. Davidoff is one of the main sponsors of the Swiss ATP Indoor Tennis Tournament. Apparently the connection between smoking and
In European trademark law there is very little, if any, room for parodies on trademarks. Very much to the dismay of many an artist. The German novelty houseware manufacturer Koziol
Back in the 1980’s Madonna scored a worldwide hit with her single “Material Girl”. In almost all English speaking countries, and in most non-English speaking countries, the single landed a
Slogans that are protected as a trademark are making a real comeback. Since the judgment of the European Court in VORSPRUNG DURCH TECHNIK, proprietors are readily and successfully invoking their
Red Bull and The Bulldog have been entangled in a legal battle over the use of the name THE BULLDOG for an energy drink since 2003. In 2007 the District
Swiss Trademark authorities continue to amaze us. Earlier this year the trademark I-phone was denied. This time the Swiss authorities decided to refuse the registration of the mark MADONNA for
Typography may give a trademark the much needed distinctiveness. A good example of a distinctive typography is the one used by Coca Cola. Being a famous mark, however, is not
The European Court of First Instance has given its first judgment on the scope of protection offered by a Community Design. It appears that this scope is larger than most
For many years now the BURBERRY pattern has been a familiar sight in the fashion industry. Because the pattern is very distinct and recognizable, Burberry has been able to register
This may sound like the beginning of a bad joke but nothing could be further from the truth. A new line of Turkish yoghurt was recently introduced in Sweden containing
Burger King, on the verge of opening her first franchise in Russia, discovered that the domain name BURGERKING.RU had already been registered in 2000 by Elvis Telecom. More often than
Because of its child friendly character Dick Bruna’s Miffy is often a humorous target. Bruna has more often than not successfully opposed unacceptable parodies on Miffy. For example in 2002
of her beer bottles. Even those who may not be a fan of beer, however, would quicky note that the bottle is composed of a number of elements that can
Happy Point rents and sells inflatable dolls. When an almost identical doll is spotted Happy Point starts a procedure. The opposing party claims that the dolls are not protected by
André Rieu is one of the most successful classical musicians in the Netherlands. For that reason he has registered both his name and his portrait as a trademark. Of course,
Someone else’s trademark does not pose a problem unless it is similar and being used for similar products. The fact that companies have the same name does not automatically have
Since 1998 Revillon has sold chocolate shaped in the form of a wine branch. In 2003 they managed to register the branch as a shape mark. In 2004 Trianon started
In Greece the figurative trademark NAPOLEON had been registered for tissues, kitchen- and toilet paper. The logo consists of Napoleon, with a toilet roll in his hand.
Since 1996 Italian Giampietro Torresan has produced CANNABIS beer. In 2003 the trademark obtained European protection. German beer manufacturer THE CANNABIS CLUB SUD started a cancellation procedure as a response.
Earlier this year the European Court gave a decision on the admissibility of using someone else’s trademark as an adword. An adword is a search word that enables users of
Using the website GRATISTOMTOM.NL (freetomtom.nl) funeral insurances were being sold. In order to attract customers various products were being offered for free if an insurance deal was be made. One
Humor and trademark law do not go well together. In order to prevent any misuse by third parties it is advisable to always register your slogans. The Dutch national airport
This past July marked the 40th anniversary of Neil Armstrong becoming the first man to set foot on the moon. Armstrong spoke the now famous words: “That’s one small step
With regards to global advertising the same campains are sometimes used in many different countries. This is not without always risk. The image above provided some commotion in Switzerland, since
Over the past few years Heineken has bought many small breweries in Switzerland. Quite to the dissatisfaction of some Swiss. An action group, comprised of multiple small breweries decided to
Since 1994 ‘Scotch & Soda Polska’ had been the exclusive Polish distributer of clothing company Scotch & Soda BV from the Netherlands. In 1998 POLSKA decided, in an effort to
In designing the SENSEO Philips realized a unique concept for the shape of a coffee machine. In order to protect this shape, Philips has registered various designs.
For years already it has been very difficult to get a package registered as a trademark in the Benelux. A big problem for manufacturesrs, because often a lot of money
In the Benelux holders of earlier trademark rights have the ability to prevent the registration of a new trademark application, though an opposition procedure. Lollipops SA, known for her handbags,
Typo squatting (registering domain names that contain a typo) are becoming an increasingly bigger pest. In the United States, however, Verizon has retaliated against a company that had registered over
With the increased popularity of mopeds and electronic bicycles, the trademark SOLEX experiences a true revival. The manufacturer introduced a new, completely restyled moped under the name E-solex. Only to
In both France as well as the Netherlands there is an ongoing legal battle regarding the shape of a honey jar. In this case it becomes very apparent that registering
An unfortunate, and seemingly indestructible element of our business are ghost invoices. Companies, from parts unknown, send non suspecting applicants of new trademarks an invoice, in return for something that
An unfortunate, and seemingly indestructible element of our business are ghost invoices. Companies, from parts unknown, send non suspecting applicants of new trademarks an invoice, in return for something that
In Leiden, where we are located, a number of volunteers used to organize an evening at their club aimed at maximal coziness. Having a nice drink together in their newly
Often trademarks contain geographical indications solely for marketing purposes. Examples are the Dublin Boxspring by Auping and the Mount Everest Pen from Pelikan.
Rumors are increasing that Cristiano Ronaldo will transfer from Manchester United to Real Madrid. Madrid allegedly promised the Portuguese soccer player to play under shirt number 9
Often a logo acts as a powerful and distinctive sign. In clothing the consumer will readily recognize which logo belongs to which manufacturer. In order to act against an infringement
New IT has used the sign I-Pass regarding online pension services for some years. Since 2006 she is also the holder of the domain name I-PAS.NL. Although I-PAS was used
World renowned car manufacturer Automobili Lamborghini has claimed the domain name lamborghini.tv, through use of her Trademark LAMBORGHINI.
Due to the harsh winter climate the bottle of Grasovka Vodka is temporarily wrapped in bison fur. The Foundation for Alcohol Prevention objected this novelty. By wrapping the bottle in
Some months ago a German priest launched a website aimed at informing young believers about the Bible. Using reshaped Playmobil figures the priest depicted scenes from both the Old and
In order to protect the shape of her new ear phones BOSE registered the ear phones as a European Design. The product turned out to become a great success. The
Through an international registration companies are able to obtain protection in foreign countries, for a relatively low price. This form of registration has been around since 1893.
The Austrian company
KPN, a Dutch telecom company, has tried to register the sign 1333 as a trademark, without success. The Benelux authorities claimed that the consumer would not see the combination of
Pictures and names of celebrities and performers are often registered as a trademark. Apparently it is not necessary that the celebrity is still alive.
The Polo/Lauren Company has successfully prevented the registration of the POLO SPORT’s logo. The defendant claims that the trademark has been used since 2004 and that no problems ever occurred.
In choosing a new name it is advisable to chose a fantasy name. Marketing specialists, however, will often advise to chose a descriptive name. The disadvantage of a descriptive name
In the Netherlands the strongest trademarks are Google en Cliniclowns. Google is not only the
strongest mark in the Netherlands, but worldwide as well. The trademark is estimated to be
François Mol has joined our firm on January 1st. After finishing law school François has worked for various trademark agencies, increasing his experience with each of them. In the past
Kipling has registered her device as a European Community trademark. The device has a prominent place on all of Kipling’s products. Because of this Kipling’s bags are easily identified. Upon
Both Auping and Phi-ton sell beds and mattresses. Phi-ton advertises with the slogan “you’ve never slept this well” and “the highest comfort for all ages”.
Auping advertises with the slogan
Joking about the police can cost you dearly. in January of this year, a 16-year-old girl was fined for wearing the image of a man urinating on the police logo
Lions and the color orange are symbols which a majority of people associate with Dutch athletes. Elements that can be freely used by anyone.
One of the most successful promotions
After Maxima(our queen) and her children went to courts over having pictures published, Wouter Bos has now done the same after having pictures takes unwanted and being published without consent.
In the context of pitches and new campaigns, the Society for Advertising has developed an emergency procedure. Following this procedure, certainty can be obtained in advance as to whether the
At major sports events such as the European Football Championships and the Olympic Games, the population of the Netherlands stands firmly behind the Dutch team. Naturally, official organizers will do
Primakabin sells second hand PORTAKABIN mobile building systems. For promotion purposes, several AdWords were placed at Google, where an ad for PRIMAKABIN appears. PORTAKABIN claims a ban, but the court
The sex life of Tintin has occupied many people for years. After his earlier exploits, this time Tintin is making love to men in Spain.
After almost 30 years, Blondie still has the ability to spark one’s imagination. Therefore, one of her photos fitted perfectly within Cosmopolitan’s new ‘Tough Women’ campaign. The campaign used existing
Mona introduces a new dessert every month. For example, during the European Championships the ‘Airy EC Dessert’ was introduced. The same goes for ‘Olympic Dessert’, in August
Leo de Deugd is the creator of brilliant photos in SAPPH’s lingerie advertising campaign.
There is always something to do surrounding contracts and this situation was no different. The photographer
Mistakes are easily made when typing in a domain name. It is estimated that 15% of names are typed incorrectly. Companies earn large sums of money by registering misspelled trademarks
The holder of the well-known CAMEL figurative mark did not succeed in preventing the registration of the CAMELO figurative mark.
The new packaging for CAMELO is used for coffee. In
Stylelimousines built an extended Ferrari-Limousine, using an existing Ferrari ensuring they now own the fastest Ferrari limousine for rental.
When Stylelimousines starts renting out the new car, they receive a
SEB and Philips Electronics were at discord regarding the production and sale of kitchen machines and food processors.
An objection can be made to a new similar mark based on an older mark. However, a trademark must be registered for the goods and services for which it is
For a number of years, it has been possible to object to a new trademark application before the trademark authorities in the Benelux. Through this route (the so called opposition
Since two years, Dutch legislation has to comply with the new European rules on enforcement of IP rights. As a result, a new procedure has been introduced in the Benelux.
Call us: 071-5763116 or send an e-mail to: 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
