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Shape Marks – Designs – Tea bag Wars

Shape Marks – Designs - Tea bag Wars

The world of tea bags is a unique and large market. The form of the pyramid shaped tea bag was therefore registered in 2007 as a shape mark. Tea Forté opposed this application based on older trademark and design registrations (dated from 2004) Both in first and second instance the authorities conclude that the filed shape mark is different from the older Trademark and design

Visually and conceptually there is some similarity, but that is solely due to the pyramid shape. This is a common shape and the older trademarks are clearly different because of their form, the letter F and the leaf on the wire. The differences are sufficient to avoid confusion. As far as the other design is concerned, the same reasoning goes (different shape and leaf, the F is missing). This judgment clearly demonstrates that the scope of protection of shapemarks is limited, certainly when non-identical marks are concerned  (source images OHIM)

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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