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LOCK – why to register logo’s?

LOCK - why to register logo’s?

A word trademark registration covers the use of the word in every writing style. For that reason, companies prefer registering trademarks in standard characters. So if the logo chances, the word will still be protected via the wordmark registration. However, sometimes the design of the logo does not clearly reveal which word it contains. In these cases the logo should be protected as a trademark as well. The LOCK-case is a good example. The holder of the German word trademark LOCK files a cancellation action against the European trademark LOCKMASTER. Both trademarks distinguish electric motors. The wordmark LOCK is older than 5 years, so the use of the trademark must be proven.

The holder of the mark files several document: certified declarations of its director, a catalogue and pictures of the products. In all the evidence, only the logo is displayed and not the wordmark itself. The European authorities judge that the average consumer does not recognize the wordmark in the logo (with the gearing wheel and the stylized letter “L”). As a consequence, the cancellation action is denied, because the normal and proper use of the invoked wordmark LOCK has not been proven. Therefore, in case of complex logo’s it is advisory to not only claim the wordmark, but the logo as well.

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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