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Famous in the European Union, Impulse vs Be Impulsive

Famous in the European Union

Trademark protection is always limited by territory. A Benelux trademark is limited to its borders and usually not beyond. The consequence of this territorial limitation is that it is possible to file trademarks in the Benelux that are similar to older foreign trademarks. This summers the European Court has judged on whether a foreign trademark proprietor may invoke the reputation of his trademark to stop a new application.

IMPULSE is a deodorant brand owned by Unilever. Originally launched in 1972 in South Africa and in 1979 in England. Today it is one of the best-selling body sprays for women, with a market share of 5%. When “Be Impulsive” is filed in Hungary, Unilever invokes its European registration. Although the trademark is not in use in Hungary, it is in use in England, where it is also famous. The European Court decided that a proprietor may invoke the reputation of its trademark, even if it is used in another country. What is important is that the consumer will associate the new trademark with the older. For companies this is another reason not to copy trademarks that are well known abroad.

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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