Position mark – Astroturf car, distinctive chartacter European Community mark

In many companies the corporate identity is implemented in every fiber of the company. This often includes vehicles. In order to prevent coat tail riding from third parties, visual elements are often registered as designs. In the European Union it's possible to register a position mark.  Although European authorities have the tendency to refuse these type of trademarks, they sometimes accepted them.

Since Fleetmarking has a special place and the consumer recognizes a trademark in their special use of astro turf, a trademark registration could come in handy. English company Easigrass used a grass covered Smart car on her Facebook page. In order to prevent copying of this, a European Trademark application has been filed. One for a car covered in astro turf. A position mark. Although European authorities have the tendency to refuse these type of trademarks, it was accepted this time.


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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?
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