Abcor: that other trademark agency

Abcor is a full service design and trademark agency specialized in legal advice and the protection of Intellectual Property rights. We are a strategic partner and provide short, clear-cut and practical advice.

We do not only look at the legal side of a case, but also take into account other business aspects such as marketing , social media, the consequences of product launches and of course the costs. We like to think and work out of the box with our client.

A vast majority of our lawyers are Certified European Trademark Attorneys. In the past, they have been working as in-house lawyers in corporate firms, including in advertising, consumer fast moving products and the pharmaceutical industry. Therefore their approach is often business oriented, practical and easy for our clients to understand.

Curious about a refreshing second opinion? Please contact one of our lawyers at info@abcor.nl.

 

Theo-Willem

"Many entrepreneurs are unaware of the value of their IP assets"

Mr. Th W. van Leeuwen LL.M.
President, Trademark agency Abcor

Crocodile not exclusive to Lacoste

Lacoste has registered its crocodile emblem as a device-mark for clothing. Does this give the company a right to ban any use of crocodiles on clothing? The lawsuit that Lacoste filed against Dutch retailer Hema revolves around this question. In spring 2018, Hema launches new gray shirts and underwear with a variety of animal figures, one of which resembling a crocodile. Lacoste demands a ban, claiming the creatures look too much like the Lacoste logo. Hema in its defense claims that this is an adornment and that the general public does not perceive these creatures as a trademark. » trademarks

Bulldog - why trademark a logo?

In the Netherlands we have a very quick procedure in place to get an immediately enforceable banning order issued by court (the so called Art. 1019e). However, recently courts have become somewhat reluctant to grant such a request, in fact it is almost never granted anymore, the problem being that the opposite party has no right of speech. Only in the case of an obvious infringement this measure is sometimes still granted. » trademark-registration

The revival of the shape-mark

There are more possible trademarks than just a logo or a word. Other characteristics also have the ability to distinguish one vendor’s offering from another one’s. A shape, sound, motion picture sequence or a pattern. However in practice it can prove difficult to get these kinds of marks registered. The authorities often assume that the consumer does not perceive these as a trademark, the shape is seen as commonplace. However it looks like this might change in the near future. » trademark-registration

Hakuna matata and colonialism

The Lion King is launched in 1994 by Disney. To prevent parasitic use, the company registers the film title and logo as a trademark. Also songs titles from the film score, like “Hakuna matata”, are trademarked (for T-shirts). With the upcoming relaunch of the film this year, Disney is suddenly involved in a riot. The petition website <change.com> demands cancellation of the 1994 mark (the petition was signed more than 180,000 times). The trademark means 'no problem' in Swahili language. By this trademark registration, Disney would claim ownership of a piece of African cultural heritage. The petition’s initiator sees this as insult and disrespect for the African population. » trademark-registration

Trademark BIG MAC not used ???

restaurants. McDonald's opposes this filing because SUPERMAC'S sounds confusingly like BIG MAC. McDonald's bases its opposition on their 1998 EU-trademark registration. As a counter-measure, Supermac's incites a cancellation action against the Big Mac trademark. The trademark is over five years old and the holder must prove that the trademark has been put to real and effective use for the past five years. McDonald's provides figures claiming Big Mac hamburgers sell over 200 million units per annum, along with screen-prints of websites and tons of advertising material. » trademarks
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PURE - MENTOS

MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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