Conflicts are never pleasant, but denying the existence of one may lead to greater negative consequences. Whether it concerns similar marks, strongly similar domain names, parallel imports or just fake products being offered online, not responding not only has financial implications but also legal consequences.
Therefore, it is of great importance to take action as soon as possible if there is a danger of trademark infringement. If other companies use trademarks or register very similar ones to yours, it has a number of consequences. It has a financial impact: for example, consumers are redirected online for alternative products, which is lost revenue. And a negative impact on the value of goodwill. Possible negative publications of the other trademark also have an impact on yours because consumers may think that the trademarks are linked to each other. Act timely therefore and prevent that your trademark rights are affected. However, do check first whether you are truthful. Keep in mind that if convicted, the losing party in judicial proceedings bears all costs.
With new trademark applications, it is possible here to formally object via so-called opposition proceedings. Proprietors are automatically and timely (by trademark watch) informed if an objectionable similar mark is applied for. Only when an older proprietor timely opposes, the Benelux authorities will refuse to register the mark. The trademark authorities do not check the registry for similar trademarks. This is a task for the proprietor himself. If no (timely) reaction is taken the trademark will registered and can only be removed by a more expensive (court) procedure.
It could also be that the organization is growing faster than expected. If expansion is to go abroad is wanted, please check first whether the mark is still available (through trademark search) in wanted countries before investments are made. If so, please register the trademark and the associated domain names immediately to avoid conflicts (or rebranding).
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
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.
