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Opposition lost as a result of Brexit

Opposition lost as a result of Brexit

Brexit became a fact at the end of 2020. The consequences of this work in all directions. EU trade marks were automatically split in a national UK trademark (implicating double maintenance costs for the applicant). English lawyers are no longer entitled to act as representative and file EU trade marks (this must be done by a lawyer within the EU). But it also has big implications for pending issues.

 

The UK based Alliance Wine Company had objected to the EU trademark application for a logo “La Vie En Rose” for wine, based on an older English word mark LA VIE EN ROSE. It seemed like a clear cut case, (identical sign + identical goods). However, as a result of Brexit, a UK trademark registration is no longer a valid ground to successfully object to an EU trademark application. This is only possible based on EU trademarks or a national trademark in one of the 27 remaining EU countries. The result: the opposition was rejected at the very beginning of January 2021. (Source image: EUIPO online database)

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

Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.

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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