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The success of 25 years EU trademark

The success of 25 years EU trademark

This April 1st, it was 25 years ago that the first EU trademark was filed in the European Union. What is quite common now, was a sensation at the time. Until then, companies could only register their trademark rights nationally (so per country). The EU trade mark was launched to promote free movement of goods in the European Union. With one application, a trademark owner received immediate protection in all countries of the European Union. » trademark-registration
Yellow stitching Dr. Martens valid position mark

Yellow stitching Dr. Martens valid position mark

Ever since the 1960s, Dr. Martens has been selling their boots. A signature element of their brand is the contrasting thick yellow stitching at the edge of the sole. Given the fact that the yellow stitching acts as an identifier (much like Louboutin's red sole or the red label on Levi's jeans), Dr. Martens has registered this as a position mark to be able to ward off piggyback riders. » trademark-registration
Transliteration Chinese trademarks

Transliteration Chinese trademarks

The Chinese market now consists of 1.4 billion consumers. China is not only a production country, but is also an attractive market for more and more companies. When a product is launched into the Chinese market, please also apply for the trademark in Chinese characters. When this is not done properly, chances are that an automatically generated translation emerges, that sometimes has a negative connotation, which can be harmful to the brand image. This way Quaker got nicknamed "Lǎorénpái" (老人 牌) which literally means “old man”. » trademark-registration
Washington Redskins the story continues

Washington Redskins the story continues

For years people have been fighting against the name WASHINGTON REDSKINS. In 1993, the National Congress of American Indians stated that the club name is derogatory and racist to Native Americans. For that reason, a request to cancel various Redskins trademarks was granted in 2014. However, the club's owner, Dan Snyder, was unwilling to even consider changing the name. » trademark-registration
Milka misses the mark – Ritter Sport chocolate bars valid shapemark

Milka misses the mark – Ritter Sport chocolate bars valid shapemark

Shapemarks are not uncommon in the chocolate industry. Think of Toblerone's triangular shape, Tony Chocolonely's unevenly spaced blocks and last but not least the famous KitKat bar. Ritter Sport has been making square chocolate-bars since 1932: a small square piece of chocolate that fits perfectly into a sports jacket without breaking. The product has long been successful and to prevent imitation, the company had the shape of the packaging registered as a trademark in 1993. » trademark-registration
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IP quiz Trademarks

Puma is one of the bigger sports and lifestyle brands in the world. The core-business is the design, development and sale of (sports) shoes, (sports) clothing and accessories. In 1960, Puma registered an international trademark for a device designed in 1958: the formstrip. Since then, Puma has registered approximately 90 formstrip trademarks with validity in the Benelux or the European Union. Puma claims that this is a serial mark. Monshoe is a wholesaler of women's shoes and related products. The company designs and develops Monshoe shoes which it largely markets itself. Monshoe sells its women's shoes under the brands Shoecolate and Pearlz. The shoe Shoecolate is offered in various colour combinations. Puma claims that Monshoe infringes its well-known formstrip trademark. Monshoe contradicts this and states that the average consumer will not perceive the device of Monshoe on the sneakers as a trademark. And if the public will recognize a trademark in the decoration, it will not make the connection to Puma. According to Monshoe, the formstrip logo is not a well-known trademark within the meaning of the BVIE and the UMVo. There is no likelihood of confusion because the sign does not or hardly evoke any association with Puma among the public. In light of the above, who is right? Does this constitute decorative use or linking to a well-known trademark?
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