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Michelangelo’s David and Botticelli’s Venus, a valid trademark when together

Michelangelo’s David and Botticelli’s Venus

Often the question is asked whether words or images with a great societal significance, religiously or otherwise, can be registered as trademarks. Since there are no specific provisions for these signs the authorities often refuse them on different grounds, not always rightfully so. The image below, in which the head of Michelangelo’s David appears to be looking at Botticelli’s Venus, had been applied for cosmetics and pharmaceutical products.

The trademark authorities claimed that both world famous images were often used in advertising as symbols for male and female beauty respectively. For this reason the images would be unsuitable for registration as a trademark for cosmetics and pharmaceutical products. The applicant appealed against the refusal and was awarded. In this case it does not concern two separate images but a unique combination of two statues. Through its composition a manipulated and unusual image is created, which gives the logo a distinctive character. A just decision, although it is rather unfortunate that the Court did not issue a statement on the use of images from the public domain.

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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