Trademark news

Hakuna matata and colonialism

The Lion King is launched in 1994 by Disney. To prevent parasitic use, the company registers the film title and logo as a trademark. Also songs titles from the film score, like “Hakuna matata”, are trademarked (for T-shirts). With the upcoming relaunch of the film this year, Disney is suddenly involved in a riot. The petition website <change.com> demands cancellation of the 1994 mark (the petition was signed more than 180,000 times). The trademark means 'no problem' in Swahili language. By this trademark registration, Disney would claim ownership of a piece of African cultural heritage. The petition’s initiator sees this as insult and disrespect for the African population. » trademark-registration

Trademark BIG MAC not used ???

restaurants. McDonald's opposes this filing because SUPERMAC'S sounds confusingly like BIG MAC. McDonald's bases its opposition on their 1998 EU-trademark registration. As a counter-measure, Supermac's incites a cancellation action against the Big Mac trademark. The trademark is over five years old and the holder must prove that the trademark has been put to real and effective use for the past five years. McDonald's provides figures claiming Big Mac hamburgers sell over 200 million units per annum, along with screen-prints of websites and tons of advertising material. » trademarks

Abcor recommended as Dutch experts in the field of Intellectual Property Law

In January 2019 Abcor has been recommended as Dutch experts in the field of Intellectual Property Law. Last week we were informed to be nominated for best Trademark Law firm 2019 of the Netherlands, after we were the winning company for best Trademark Law firm of the year 2018 in the Netherlands. We thank all our clients and foreign associates who nominated our firm. » other-general

Scent marks & non traditional trademarks

Earlier this year Hasbro was granted trademark protection for the smell of its Play-Doh clay by the US trademark office. The mark had been filed for: 'a scent of a sweet, slightly musky, vanilla fragrance, with slight overtones or cherry, combined with the smell of a salted, wheat-based dough'. The product is made with this characteristic scent since 1956 and it is sometimes referred to in advertising too (campaign 2013: Stop and Smell the PLAY-DOH). Hasbro shows (with a great amount of evidence) that the fragrance has acquired distinctiveness and therefore is granted trademark protection. But would this also work in Europe? » trademark-registration

Fees for Filing and Renewal of Trademarks in the Benelux about to change!

Last month BOIP, the trademark office of the Benelux countries, announced that it will change the system of fees for filing trademarks from January 1st 2019. Until that date, the old filing fee system will remain in force, meaning that the price for a trademark filing is the same from one to three chosen classes, only charging additional fees from the fourth class up. This also will apply to trademark renewals from the same date. From Jan 1st onward however, a base filing fee will be charged for one class filing and additional fees per added class. This results in higher costs for business owners seeking trademark protection or with trademarks that need to be renewed. That is why we advise our clients to file new applications if possible before 31 December of this year (unless protection in only one class is required), and to renew their current registrations (due for renewal untill 30 June 2019), thus saving serious money on renewal costs. » trademark-registration
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PURE - MENTOS

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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