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Issues of (semi) descriptive trademarks

Issues of (semi) descriptive trademarks

From a marketing point of view, it is tempting to use semi-descriptive trademarks. With such a trademark, it is immediately clear to consumers what the attributes of a product or a service are. The disadvantage, however, is that descriptive terms cannot be claimed as trademarks and therefore, as a company, you cannot obtain monopolies on the use of such terms. But how do we know when a term is descriptive? What is considered the limit of descriptiveness? » trademark-registration
Sharing the Christmas spirit

Sharing the Christmas spirit

Christmas is the time of the year when we celebrate appreciation and love we have for each other. It is the beautiful spirit of Christmas that makes the holidays so unique and therefore, this spirit should not be claimed by anyone. At the same time, Christmas is the time of year that companies monetize extensively. Associating themself with Christmas through marketing, launching new products in the holiday season, but also blocking and prohibiting each other from doing similar things. Legally this is not prohibited, but as a company you have to ask yourself, where do you draw the line? » design-law
Ressurection of the Theatre Group Amsterdam

Ressurection of the Theatre Group Amsterdam

In 2018, Toneelgroep Amsterdam merged into Internationaal Theater Amsterdam (ITA). When the theatre group De Warme Winkel decides to change its name to Toneelgroep Amsterdam, ITA does not approve. » trademarks
Misleading and fraudulent Invoices

Misleading and fraudulent Invoices

It remains an evil that we cannot rid: misleading and phantom invoices. When someone applies for a trademark to be registered, the applicant often receives a letter or invoice from a rogue company sooner than one from the authorities. By using highly similar logos, people may think they are dealing with official authorities. Consequence: payments of up to €2,300 are made for publication on a totally meaningless website. A good example of this are the invoices from EUOIP (Not to be confused with the EUIPO). » other-general
3.6 Million in damage repaires

3.6 Million in damage repaires

New Balance successfully challenged the use of the New Burlon logo in China this spring. The sports brand had placed an N, similar to that of New Balance, on a very similar area on their shoes. » trademarks
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Abcors ABChronicle no 46 Abcors ABChronicle no 46
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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?
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