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Nothing sweet about this honey jar

Nothing sweet about this honey jar

In both France as well as the Netherlands there is an ongoing legal battle regarding the shape of a honey jar. In this case it becomes very apparent that registering a design is a custom made matter. Most companies do not realize that the European authorities accept just about every design image. A formal check whether or not the design as already been filed by another party is not preformed. A design registration on and of its own does not give any certainty regarding the actual scope of protection.

 

In this case the designer of a honey jar used a picture of his honey jar with a yellow cap. The purpose of the picture was to show the shape of the jar itself, not the cap. The court, however, decided that the design has to be seen as a whole, including the cap. On that basis the application was deemed invalid.

Luckily the designer still had copy rights to her product. Nonetheless, it should be duly noted that the pictures accompanying a design application are presumed to give complete and exhaustive information on the design.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

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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