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Witte wieven are witches – conceptual similar trademarks

Witte wieven are witches - conceptual similarity

Trademarks may not be confusingly similar. The trademarks are being compared in order to decide if this is the case. The judge compares the trademarks visually, phonetically and conceptually. However, is one of these criteria sufficient to obstruct another trademark. This is the central question in the ‘Witte Wieven’ cheese case.

Heks’nkaas (literally translated: witches cheese) is very popular in the Netherlands and is registered as a trademark for cheese, cheese based sauces and spices. When the trademark Witte Wievenkaas is being applied for to distinguish cheese smears Heks’nkaas opposes.

In first instance the complaint is denied, but the court decides differently. According to the court, witches are female and magical creatures that frighten and usually live isolated. They possess magical powers, which are used for evil purposes. Witte Wieven (women with white hair) are witches as well, according to the court, so conceptually the trademarks are strongly similar. Therefore the trademark Witte Wieven is cancelled from the register. A pity tough, that the court has not taken into account the fact that Heks’nkaas is a well known trademark. The decision would have made a lot more sence.

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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• 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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