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Volkswagen trumps cult camper

Volkswagen trumps cult camper

The shape of a product can be protected as a trademark. In order to do so, it must differ significantly from what is already present in the market or has become very well known (acquired distinctiveness). When a trademark application is filed for the Cultcamper logo, Volkswagen successfully opposes it on the basis of its registered shape mark.

 

The Board of Appeal concludes that the trademark is indeed distinctive because of the characteristics like the split windscreen, the v-shaped hood and the headlamps on both sides. The trademark applied for is almost identical to the front view. They are deemed similar. Consumers may think that this is a new trademark from Volkswagen. The trademark is therefore rejected.

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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