Companies can object to a new trademark if the signs are similar. The new trademark must also be filed for identical, similar or complementary products. If it concerns completely different products, then there is often no ground for objecting. For example, there are various companies that use the sign AJAX as a brand. Besides the Amsterdam football club, it is used as a brand for cleaning products as well as fire extinguishers. So how far does this similarity stretch? »trademarks
Pepsi has been using the Pepsi Globe logo since 1991, consisting of a round sphere with wave shaped surfaces in the colors red, white and blue. Since then, the logo has been restyled a number of times, but the colored wavy surfaces were always continued. According to Forbes Pepsi holds position 29 of the world's most valuable brands. Given the reputation of the brand, it is not surprising that others would like to take advantage of it. »trademarks
Picnic, a chain of grocery stores, has put himself in the spotlight in one strike with parody of a competitor’s commercial starring popular formula 1 driver Max Verstappen. As hoped and desired, the campaign went viral. The fact that this infringes upon Max's portrait rights only increased the effect. For a normal ad campaign to achieve similar impact the costs would be ten-fold. Because Max has a convertible popularity, a lawsuit followed in which he demanded 450,000 euros compensation. »advertising-law
A registered trademark has to be used within five years. If not, the expiration of this trademark can be invoked. Until recently, this could only be done through an (expensive) court procedure. Since June 1st 2018 there is an alternative way to achieve this. From that day onward, any interested party can initiate administrative proceedings with the Benelux trademark authorities to invoke the lapse of a Benelux trademark that is not used (or to request the nullity of a descriptive trademark). The costs for this are fairly small. »trademark-registration
Levi Strauss puts a lot of effort in securing the reputation of its jeans’ brands. The company has registered many marks and signs as trademarks. Not only the name LEVI'S is protected, but also type numbers (501 etc.), names, logos, the characteristic red pocket-label and it’s typical stitching. That makes sense, because for example the V-shaped stitching on the back pocket (Levi's arcuate) is a very distinctive sign. Consumers recognize the jeans as real Levi's. »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?