In January 2019 Abcor has been recommended as Dutch experts in the field of Intellectual Property Law. Last week we were informed to be nominated for best Trademark Law firm 2019 of the Netherlands, after we were the winning company for best Trademark Law firm of the year 2018 in the Netherlands. We thank all our clients and foreign associates who nominated our firm. »other-general
Earlier this year Hasbro was granted trademark protection for the smell of its Play-Doh clay by the US trademark office. The mark had been filed for: 'a scent of a sweet, slightly musky, vanilla fragrance, with slight overtones or cherry, combined with the smell of a salted, wheat-based dough'. The product is made with this characteristic scent since 1956 and it is sometimes referred to in advertising too (campaign 2013: Stop and Smell the PLAY-DOH). Hasbro shows (with a great amount of evidence) that the fragrance has acquired distinctiveness and therefore is granted trademark protection. But would this also work in Europe? »trademark-registration
Last month BOIP, the trademark office of the Benelux countries, announced that it will change the system of fees for filing trademarks from January 1st 2019.
Until that date, the old filing fee system will remain in force, meaning that the price for a trademark filing is the same from one to three chosen classes, only charging additional fees from the fourth class up. This also will apply to trademark renewals from the same date. From Jan 1st onward however, a base filing fee will be charged for one class filing and additional fees per added class. This results in higher costs for business owners seeking trademark protection or with trademarks that need to be renewed. That is why we advise our clients to file new applications if possible before 31 December of this year (unless protection in only one class is required), and to renew their current registrations (due for renewal untill 30 June 2019), thus saving serious money on renewal costs. »trademark-registration
In 2017, Mexx International acquired all IP rights of the former lifestyle brand Mexx. In doing so it became owner of the many MEXX trademarks for clothing and bed linen. The mark had been sublicensed for bedding until 2015.Globa Sleep has taken over the estate and assets from the bankrupt Mexx Bedding. Globa Sleep offers box spring and mattresses through Facebook and LinkedIn pages of the former company and the website <mexxbedding.nl>. After a summoning of Mexx International to stop this use, Globa Sleep states it will change the trade name and domain. But after a few months there is still plenty to be found online, so a lawsuit is quick to follow. »trademarks
When consumers are bothered by the content of advertising, they can file a complaint with “the Dutch Advertising Code Committee”. This is easy and free of charge. Fortunately, complaints are first assessed by the committee’s chairman, so most foolish complaints are quickly rejected.The new ASN commercial ‘habitual animal’ received a lot of praise. The commercial discusses banking from a very different perspective and is executed simply brilliantly. For years, ‘habitual animal’ has been doing its banking business with 'the same tie'. When he discovers that 'tie' makes money on things that are bad for nature and animals, he switches to ASN. »advertising-law
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?