Restyling logo – new trademark application

It is simply a fact of life that logos evolve over time. For that reason, it is always advisable to file a word mark in addition to a logo mark. A word mark registration can provide continuous protection and serve as a common thread when a new logo is launched. A trademark must be put to genuine use within five years; otherwise, third parties may seek its revocation. In the case of a logo redesign, it is not always certain whether use of the modified logo will be considered use of the trademark as registered.

In 2012, the logo KIF RADIO was registered for radio broadcasting services. In 2023, revocation proceedings were initiated on the grounds that the trademark was not being genuinely used. By that time, the logo had changed substantially. The Benelux authorities and the Benelux Court of Justice agreed with this position. A trademark may be used in a form that differs from the registered version, provided that the differences do not alter its distinctive character. In this case, however, the changes were considered too significant due to the different typeface, colour scheme, positioning of the letter “I”, the overall design, composition and background, as well as the inclusion of different words. As a result, the trademark registration was revoked. Practical advice: Always register the word mark and re-file the logo after a substantial redesign or rebranding.

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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