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Non-distinctive logo’s – EUIPO’s new guideline

Non-distinctive logo’s - EUIPO's new guideline

In 2014 the EUIPO presented a new guideline regarding the admissibility of logo´s as a registered trademark. A little stripe under the word or a square as background will not convert a logo in a distinctive and valid trademark. The idea is that consumers will not recognize the sign as a trademark, because the logo is too descriptive. As a consequence, many logo´s are being refused by the authorities. In the meantime, the first appeals against these refusals have been judged by the court, that (unfortunately) confirms the new policy.

For example, the silhouette of a bodybuilder has been refused for food supplements, clothing and a web shop for these products. According to the court, the consumer directly links the stylized image of the bodybuilder in this pose with the claimed goods and services. This image may therefore not be monopolized.

The same faith was suffered by a logo for solar panels. The customers, being specialist, would directly recognize the drawing as a section of a solar panel. The fact that these panels might have very different shapes is not relevant, according to the court that refuses the trademark. A company that wishes to claim a descriptive word should therefore add a figurative element that does not refer to the distinguished product.

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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