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Amsterdam University, descriptive mark?

Amsterdam University

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 ten years the Court of Appeal in The Hague has almost always followed the line of the BOIP, but at its latest decision from December 2018, the BOIP is suddenly overuled. A sign of hope for the future?

The UvA (University of Amsterdam) applies for protection in 2016 for the word mark AMSTERDAM UNIVERSITY. The trademark is not only refused by the Benelux authorities for educational services, but also for all kinds of merchandise items (such as coffee mugs, sweaters, etc.). These articles are in fact available at the UvA. The UvA offers these articles for sale in a souvenir shop or as giving them away at times. The Court partly disagrees with this refusal. In an earlier judgment on Neuschwanstein Castle, the European Court of Appeal had to rule about trademark use for souvenirs. By trademarking souvenirs, the product doesn’t suddenly become descriptive. Consequence: the trademark is not valid for educational services, but for merchandise items it is. For organizations active in merchandising (such as city marketing organizations) this ruling is a gift from heaven. (source image: Moon)

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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• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
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