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Henny Rietkerk
Compra BV- domainnames, apps and website design

"Abcor has a great team of professionals. With an understanding of business and marketing."

Melanie Bauer
Mecy 2 bv - Gangster energy drinks

"The cooperation with Abcor is great. The attorneys can easily be contacted by telephone and/or email. Gangster energy 😄"

Martin de Waal
AIRMADE air solutions- aircondition and climat control apparatus

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Alex Duindam
Piet Vijverberg Nursery - nursery specialisted in Phalaenopsis and Dracaena

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Loes Vrij
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Enzo Knol
Knol Power - vlogger- influencer

"What I like about Abcor is that they are pro-active. They have made a proposal for me how to anticipate on coat-tail riding, the situation that other parties will abuses my name and Knolpower brand. I appreciate their out-of the box approach."

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Mark Uittenbogaart
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Christa Wouda
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Robin van Kooten
OUTSTANDING

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Action
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Royal Philips Electronics N.V.
consumer electronics

"Philips is de fabrikant van een verscheidenheid aan goederen, van consumentenelektronica tot huishoudelijke apparaten en van beveiligingssystemen tot halfgeleiders."

KPN
Telecommunication

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Eurol
Lubricants

"Since 1977, Eurol has been developing and producing lubricants and technical fluids."

Beaphar
Pet care products

"Beaphar provides affordable, accessible health, care and nutrition products of high quality to pets and their families in more than 86 countries."

MessageBird
Application software and APIs

"The platform, applications and APIs of MessageBird help businesses streamline conversations through their customers’ preferred channels — like WhatsApp, Email, SMS, Voice, WeChat, Messenger, Instagram"

Andre Kuipers
SpaceTalk - astronaut

"André Kuipers is not only an astronaut and doctor but also an ambassador for charities."

Ilfari
Decorative lighting

"For more than 20 years Ilfari has have made tailored luminaries."

ADO Den Haag
Professional Dutch Football

"ADO Den Haag is a financially stable football organisation, structurally competing for European football in a full stadium."

MOOI MENS
Stichting Kledingbank Amsterdam

"Charities. The Mooi Mens label falls under the Heb & Houwen, Amsterdam Clothing Bank Foundation."

River2Sea
Fishing articles

"River2Sea has specialised entirely in the design and production of high-quality lures."

Tehava
Bicycles

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Dechra Pharmaceuticals
Veterinary pharmaceuticals

"Dechra is a global specialist in veterinary pharmaceuticals and related products business. Our expertise is in the development, manufacture, marketing and sales of high quality products exclusively for veterinarians worldwide."

Rainforrest Alliance
International non-governmental organization

"The mission of Rainforest Alliance is to create a more sustainable world by using social and market forces to protect nature and improve the lives of farmers and forest communities."

Scotch Whisky Investments
Investment company

"An international trading house active in whisky as an investment product. The company helps investors add stability to their investment portfolio."

Dancohr Corporation
Cosmetics

"Dancohr Corporation is a leading manufacturer and supplier of high quality skin care, pedicure and cosmetic products tailored to the needs of professional pedicures, podiatrists, beauticians and make-up artists. "

ABCHronicle

Abcors ABChronicle no 50

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IP Quiz

claimant

defendant

IP Knowledge Quiz: Scope of Protection of a Referring Trade Name.

In 2018, the plaintiff launches a new company under the name Mobility Next and myrefurbishedcar.nl. Both trade names are duly registered with the Chamber of Commerce (KvK). Additionally, on September 20, 2018, the domain name is also secured. Located in Houten, the company offers used cars with the quality of new ones, primarily mid-range cars, manufactured between 2018 and 2022. On March 5, 2021, the new website is launched, where the company also presents itself under the name MRCar. However, this name is not officially registered in the trade register of the Chamber of Commerce. On May 10, 2021, the defendant registers the domain name and registers the trade name with the Chamber of Commerce as well. This company, located in Berlicum, also deals in used cars, albeit with model years between 2005 and the late 90s, with prices ranging from 500 to 10,000 euros. The plaintiff argues that the defendant's use of the name MRCARS infringes upon its older trade name MRCar. The demand is: the defendant must cease all use of the name MRCARS within four weeks. Not only must the trade name be changed, but also the website, letterhead, advertising, business cards, etc. Additionally, the defendant must bear all legal costs. The defendant disputes this and argues that the plaintiff has no trade name rights to the name MRCar since it is not registered with the Chamber of Commerce. The plaintiff presents itself on the website under the name My Refurbished Car. Moreover, the name MRCar is descriptive and lacks distinctive character, thus providing no protection. Given the significantly different product offerings (types of cars being sold) and the geographic distance (Houten and Berlicum are 50 km apart), there is no risk of confusion. Therefore, the claim should be rejected. Who is right and why?

Play the quiz

Trademark agency Abcor - protect your trademark

Contact

"Abcor has a great team of professionals. With an understanding of business and marketing."

"The cooperation with Abcor is great. The attorneys can easily be contacted by telephone and/or email. Gangster energy 😄"

"Abcor thinks along with the client and provides professional advice. A very pleasant collaboration!"

"Our long-standing partner with regards to trademarks is Abcor. We grow plants and they always grow and bloom. "

"Involvement, punctuality and an eye for the client"

"What I like about Abcor is that they are pro-active. They have made a proposal for me how to anticipate on coat-tail riding, the situation that other parties will abuses my name and Knolpower brand. I appreciate their out-of the box approach."

"platform for pet brands a.o. CleoCat, Dogr, District70, Geen Fields Rebel Petz"

"Catchy design that matches brand identity. Targeted recruitment campaigns. Websites and online findability."

"As a sustainable transition adviser, The Dio Academy helps in reducing carbon footprint and total cost through innovation and makes people and organisations agile. "

"We raise camping to a higher level and supply campsites and holiday parks worldwide with luxury safari tents."

"Action is Europe's fastest growing non-food discounter. We pride ourselves on offering good and surprising everyday products at very low prices."

"Philips is de fabrikant van een verscheidenheid aan goederen, van consumentenelektronica tot huishoudelijke apparaten en van beveiligingssystemen tot halfgeleiders."

"As the network of the Netherlands we are passionate about offering secure, reliable and future-proof networks and services."

"Since 1977, Eurol has been developing and producing lubricants and technical fluids."

"Beaphar provides affordable, accessible health, care and nutrition products of high quality to pets and their families in more than 86 countries."

"The platform, applications and APIs of MessageBird help businesses streamline conversations through their customers’ preferred channels — like WhatsApp, Email, SMS, Voice, WeChat, Messenger, Instagram"

"André Kuipers is not only an astronaut and doctor but also an ambassador for charities."

"For more than 20 years Ilfari has have made tailored luminaries."

"ADO Den Haag is a financially stable football organisation, structurally competing for European football in a full stadium."

"Charities. The Mooi Mens label falls under the Heb & Houwen, Amsterdam Clothing Bank Foundation."

"River2Sea has specialised entirely in the design and production of high-quality lures."

"Tehava is an international distributor and importer of bicycles, parts and accessories in the mid- and high-level sports segment"

"Dechra is a global specialist in veterinary pharmaceuticals and related products business. Our expertise is in the development, manufacture, marketing and sales of high quality products exclusively for veterinarians worldwide."

"The mission of Rainforest Alliance is to create a more sustainable world by using social and market forces to protect nature and improve the lives of farmers and forest communities."

"An international trading house active in whisky as an investment product. The company helps investors add stability to their investment portfolio."

"Dancohr Corporation is a leading manufacturer and supplier of high quality skin care, pedicure and cosmetic products tailored to the needs of professional pedicures, podiatrists, beauticians and make-up artists. "

IP Knowledge Quiz: Scope of Protection of a Referring Trade Name.