RAW is not descriptive for clothing
15 May 2012
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
Companies invest much to position themselves in the market. The company’s name, the logo, the trademarks of products, all are important identifiers for consumers. Signs that separate one company from another. But a trademark is more than just a distinguishing mark. It symbolizes the goodwill built up by the company and thus represents a large financial value for the company. Protect your goodwill therefore.
Trademark rights in most countries are not acquired by use of a sign but only by registration. The registration of a domain name or a trade mark gives no rights! Only registration of a sign as a trade mark shall confer these rights.
For successful expansion of activities, it is therefore wise (actually necessary) to request protection for the most important signs. Think not only of names, but also of: logos, slogans, special packaging, shapes of products, colors, smells, videos and all other identifiers that a company could use to position itself in the market. Only if these characters are registered as a trademark, can one invoke any rights in case of, for example, trademark infringement or to claim priority of new domain names.
If you want to register your trademark in the European Union, please contact us at info@abcor-ip.com
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
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.
