Benelux trademark now accepted for Amazon and Bol.com brand registry

Many businesses sell products online through platforms such as Amazon and Bol.com. If a potential customer is looking for the product online, it is preferable that ends up with the right seller. But what if another company also sells these products under (almost) the same name?

 

Bol.com and Amazon have created special procedures to protect trademark owners. For example, to prevent consumers from receiving incorrect product information or ending up with the wrong seller. Companies can register their brand in the brand registry (Amazon) or partner platform (Bol.com).

However for the above mentioned protection it is required to have a valid trademark registration. Until recently, a Benelux trademark registration was not accepted. Fortunately, that has changed now. Amazon has recently adjusted its policy and now also recognizes claims based on Benelux registrations. Bol.com now also allows a Benelux trademark registration.

Is this good news? Very much so, because a Benelux trademark registration can be had within a couple of days from filing, using the accelerated procedure!!!


Given the great importance of selling through online marketplaces, is it essential for companies to check that all brands are trademarked? If not yet so, protection via a Benelux registration is a cheap and fast option!

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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?