Rituals Stores and Online Shops
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
Companies invest significantly to position themselves in the market. A company’s name, logo, and product trademarks are all important identifiers for consumers—signs that distinguish one company from another. However, a trademark is more than just a distinguishing mark; it symbolizes the goodwill a company has built and represents significant financial value. Therefore, it is crucial to protect your goodwill.
In most countries, trademark rights are not acquired merely by using a sign but only through registration. Registering a domain name or a trademark alone does not grant rights—only the registration of a sign as a trademark confers these rights.
For a successful expansion of activities, it is not only wise but essential to seek protection for the most important signs. This includes not only names but also logos, slogans, distinctive packaging, product shapes, colors, scents, videos, and any other identifiers a company may use to establish its market presence. Trademark registration is necessary to enforce rights in cases of infringement or to claim priority over new domain names.
If you wish to register your trademark in the European Union, please contact us at info@abcor-ip.com.
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
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
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.
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
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
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
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
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
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
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.
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
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
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
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 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
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
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
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
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
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
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,
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
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 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.
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
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
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
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
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
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
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
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.
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
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
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
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)
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,
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
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
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
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.
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.
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
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 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
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
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
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
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
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
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
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
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 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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.
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
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
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
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