managing partner Mirjam de Werd

Mirjam de Werd

BMM gecertificeerd managing partner/ trademark attorney
E-mail:
dewerd@abcor-ip.com


Mirjam has been working as a global Intellectual Property professional since 2002. She started at a Dutch trademark agency and after that switched to the industry. Mirjam worked for 7 year as an in-house council at Danone where she was responsible for the Asia Pacific IP portfolio. After this she worked for 2 years as an in-house IP Legal Counsel at a new TV network in Hilversum. As a result, she has gained a lot of experience and knowledge in the field of IP rights regarding the media. Mirjam has always had the aspiration to work as a trademark attorney and to be able to use the knowledge gained in the industry. In 2015 she completed the Benelux Trademarks association certification program and became an officially certified Benelux/European trademark attorney. She is also vice chair of the China team within Marques. In 2017 she joined Abcor as a trademark attorney.

Besides her work, Mirjam is the mother of her son Hugo, with whom she does as many fun things as possible in her time off, such as going to the beach, travelling, visiting the zoo, going to cinema, etc. She loves bags and shoes (especially sneakers) of which she has a nice collection.

•  Latin American Studies & Law at Leiden University, officially certified BMM attorney
•  Previously worked as: IP Legal Counsel TV Entertainment Reality Network, IP Manager Danone Baby and Medical Nutrition Division, NLO
•  Languages: English, German and Spanish

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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?