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Bulldog – why trademark a logo?

Bulldog - why trademark a logo?

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 become somewhat reluctant to grant such a request, in fact it is almost never granted anymore, the problem being that the opposite party has no right of speech. Only in the case of an obvious infringement this measure is sometimes still granted.

The Bulldog logo is registered as a trademark. Not only for the services of a so called “coffee shop” (a place where soft drugs are sold legally in the Netherlands), but also for accessories such as weed grinders. When Magic Leaf starts selling grinders with a very similar logo, Bulldog objects. Because the other party does not agree to hand over inventory and is not willing to sign a waiver, Bulldog starts such a ban procedure. It’s important, because this will prevent Magic Leaf from selling out stock before the actual lawsuit.

Court agrees that the Bulldog logo is a well-known trademark. The figurative marks are quite similar and the consumer will associate the offered goods with the popular shop. So the court grants the request for a direct prohibition plus a EUR 5,000 penalty per violation. Therefore one should not only file a wordmark, but consider filing their logo as well, at least if this is distinctive.

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

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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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