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Dracula; scope of normal use

Dracula; scope of normal use

A trademark registration is a powerful tool to prevent another company from introducing a product with a similar name. This is, however, not always the case. In most of the European Union if a trademark is older than five years it is subject to use. The trademark authorities will judge whether the use of the trademark constitutes normal use in commerce, for the type of good it has been used for.

Dracula was registered as a trademark in 1995 in Romania for liquor. The proprietor of this trademark objects against a European application for Dracula Bite, filed by a competitor. Because Dracula is a trademark older than five years the owner must proof that the trademark is in use. Only six invoices were provided as proof, corresponding with a sale of just 2,500 bottles in the past five years. Much too little for an area as large as Romania, where a lot of vodka is consumed. The competitor is allowed to register Dracula Bite.

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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