When examining a new trademark application, the authorities also assess whether the trademark may be in breach of public policy and the accepted principles of morality. The Benelux authorities are very liberal on this point. The European authorities are a lot stricter. Many applications are refused, relating to drugs, politics, religion and sex. As soon as the F-word is in it, you can assume that the trademark will be refused. But is this just? Should a trademark actually be refused on this ground? »trademark-registration
A trademark is under obligation of use five years from filing. Since proof of use can be difficult to collect (see BigMac –Abcors ABC-no. 35), companies re-file their most important trademarks every five years (so-called repeated filing). For a long time is has been questioned whether this was allowed. After all, by a repeated filing the term in which use has to be proved is extended artificially. As the concept of bad faith is not further elaborated in the EU Trademark Directive, a definitive rule should be formed by case law. »trademark-registration
Following Canada (this summer) it is also possible to claim trademark protection for Brazil via the Madrid system of International Trademark Registration from 2 October. Through the International Registration it is reasonably cheap and much easier to claim protection in many countries worldwide. 121 countries have now joined this treaty. In addition to the fact that the application costs are considerably lower, maintaining the rights is much easier. »trademark-registration
EasyGroup (established in 1995) uses a wide range of Easy names, such as EasyJet, EasyHotel and EasyCar. EASYJET was registered as a European trademark in 2015. When other companies try to register any names containing EASY, the company almost always takes immediate action.Since 2007 Easy Fly Express (from Bangladesh) has been offering air cargo services in Asia. The internet domain <easyfly-express.com> was registered in January 2014. The logo of the freight company is suspiciously similar to that of EasyJet (matching color, layout and font). Reason for EasyGroup to start an URDP procedure and demand transfer of the domain name. »domain-names
A Dutch chain of petrol stations has been using a fictional character named “Tom de Ridder” in its radio commercials since 2009, in order to promote its payment card and parking services. In 2015, the company decides to change the name to TOM. To prevent problems, the company discusses the plans with TomTom (the well known car navigation brand). »trademarks
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?