Trademark news

Rituals vs. The Body Shop: Battle of the Brands

In 2015, The Body Shop introduced a new skincare line in the Benelux countries named "SECRETS OF THE WORLD," featuring four distinct lines: RELAXING RITUAL, REVITALISING RITUAL, BLISSFUL RITUAL, and FIRMING RITUAL. » advertising-law

The Bulldog rightly claims damages from Red Bull

In 2007, Red Bull initiated legal action against the introduction of The Bulldog energy drinks, citing trademark infringement. The contention was that the trademark "The Bulldog" bore resemblance to Red Bull due to the shared element of "BULL". In 2010, the court sided with Red Bull on this. However, The Bulldog contested this decision, escalating the matter to the Supreme Court and eventually the European Court, arguing the legitimacy of their trademark use. They asserted that energy drinks were a natural extension of their offerings in coffee shops and that the trademark had been used in good faith for this purpose over several years. Eventually, The Bulldog's position was vindicated. » trademarks

Trademark Escobar parfum contrary to public order

Authorities have the discretion to reject a trademark application if it contradicts public order and morality. Interestingly, the European trademark office tends to apply a stringent standard in such cases. This became evident when a French trademark registration for the packaging of PARFUMS ESCOBAR encountered hurdles upon extension to the European Union. » trademark-registration

Abcor team in World Trademark Review 1000

The start of a new year often marks the beginning of new rankings of trademark agencies worldwide. Some of these rankings are particularly important to us because they are conducted by objective agencies and cannot be bought. The ranking is based on interviews with clients and companies we work with. One of the most important rankings is the WTR1000, an annual global ranking based on independent research by an objective team with feedback from our clients. » other-general

Louis Keijzer passes BBMM exam with flying colours

In January, the final oral exams were held as part of the Professional Training of Benelux Trademark and Design Attorneys. This exam marks the culmination of the two-year course. This year, 15 candidates from Belgium and the Netherlands were examined. Our colleague Louis Keijzer did particularly well. Both Louis and Abcor are extremely proud that he passed this practical exam as the best Dutchman. » other-general
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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?