Trademark news

Sound mark - children's song

When people think of brands, they often only think of word marks and logos. However, there are many types of trademarks, such as multimedia marks, position marks and, of course, sound marks (think, for example, of the lion's cry from film company Metro-Goldwyn-Mayer). However, not every sound can be claimed as a trademark.  » trademark-registration

Refusal Put Putin In

Trademark law operates on the first-come, first-served principle. Some individuals (and companies) attempt to register trademarks linked to tragic events in order to try and make a financial gain from extremely sad events (e.g.: JE SUIS CHARLIE).The war in Ukraine seems to evoke similar actions. Until now, such marks have often been refused because of a lack in distinctiveness. The signs are so widely known that no one recognizes an indication of origin in them. » trademark-registration

HERMES vs. HAIRMES

Dog Diggin Design sells products for dogs, such as dog beds, dog pillows and dog toys. When the company applies for trademark registration of the word mark HAIRMES, Hermes objects. » trademarks

Forgetting to register your trademark: time for a rebrand!

Dung Young Food Services started a wholesale store specializing in Asian products in 1957. Since 2011, they have been selling more than 150 different products under the private label AKAYA in six countries. However, the company forgot to register its trademark. » trademarks

Bad Spaniel's parody or trademark infringement

Internationally, the US Supreme Court's ruling on whether the Bad Spaniel's dog toys infringe on the Jack Daniel's trademark is eagerly awaited. VIP Products makes these chew toys in the shape of famous liquor bottles with similar labels. In the place of 'Jack Daniel's Old no 7' the products now depict 'Bad Spaniel's Old no 2' and '40% alcohol' has been replaced with '43% poop'. » trademarks
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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?