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.
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
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
Frambozenweg 109-111
Postbus 2134
2301 CC LEIDEN
Tel: 071-5763116
Fax: 071-5768947
E-mail: info@abcor-ip.com
Visiting address Southern part of The Netherlands
Spoorlaan 460
5038 CH TILBURG
Visiting address Belgium
Rubensstraat 104/59
TURNHOUT 2300
Abcor is a member of the following industry and quality organizations: Benelux Association of Trademark and Design Law, International Trademark Association, Advertising Law Association.
