The success of 25 years EU trademark

This April 1st, it was 25 years ago that the first EU trademark was filed in the European Union. What is quite common now, was a sensation at the time. Until then, companies could only register their trademark rights nationally (so per country). The EU trade mark was launched to promote free movement of goods in the European Union. With one application, a trademark owner received immediate protection in all countries of the European Union.

 

It was a huge success right off the bat. Reason: on the one hand the relatively low cost and on the other hand the great advantage that an immediate ban could be demanded in all countries of the European Union, based on an EU trademark.

Back in 1996 there were only 15 EU countries but now an EU trademark gives protection in no less than 27 countries. An ideal solution for companies that are active in several countries within the European Union.

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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?