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Beverages and hospitality services deemed similar

Beverages and hospitality services deemed similar

Companies can object to a new trademark if the signs are similar. The new trademark must also be filed for identical, similar or complementary products. If it concerns completely different products, then there is often no ground for objecting. For example, there are various companies that use the sign AJAX as a brand. Besides the Amsterdam football club, it is used as a brand for cleaning products as well as fire extinguishers. So how far does this similarity stretch?

In 1996, the wordmark HOTEL CIPRIANI is registered as a trademark in the European Union. The trademark is not only filed for hotel services, but also for hospitality services, such as bar services, catering and offering drinks and food for direct use. When the Cipriani family applies for its name CIPRIANI to be registered as a EU trademark for beers in 2013, Hotel Cipriani objects. The EU Court agrees. The trademarks are very similar (the word HOTEL is weakly distinctive). In a hotel, guests can often order drinks, including beer. Beers and hospitality services are therefore deemed similar. The mark was rightly refused, according to the Court of First Instance.

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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