Conflicts are never pleasant, but ignoring them can lead to even greater negative consequences. Whether it involves similar trademarks, closely resembling domain names, parallel imports, or counterfeit products being sold online, failing to respond can have both financial and legal repercussions.
It is crucial to take action as soon as there is a risk of trademark infringement. If other companies use or register trademarks that are very similar to yours, it can lead to several issues. Financially, it may result in lost revenue as consumers are redirected to alternative products online. Additionally, it can diminish the value of your goodwill. Negative publicity surrounding the other trademark may also affect your brand, as consumers might mistakenly assume a connection between the two. Therefore, act promptly to protect your trademark rights. However, before taking action, ensure that your claim is justified—keep in mind that in legal proceedings, the losing party is responsible for all costs.
For new trademark applications, it is possible to formally object through opposition proceedings. Trademark proprietors are automatically and promptly informed (via trademark watch services) when a conflicting mark is applied for. However, Benelux authorities will only refuse a registration if an objection is filed by the owner of an earlier mark. The trademark authorities do not proactively check for similar trademarks—this responsibility lies with the proprietor. If no timely action is taken, the trademark will be registered and can only be removed later through a more costly court procedure.
Additionally, if your business is expanding faster than expected and you plan to enter foreign markets, it is essential to check whether your trademark is still available in those countries before making significant investments. A trademark search can help confirm availability. If the mark is free to use, register it—along with the associated domain names—immediately to prevent future conflicts and costly rebranding.
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
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
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 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
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
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
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Abcor is a member of the following industry and quality organizations: Benelux Association of Trademark and Design Law, International Trademark Association, Advertising Law Association.
