Trademark news

Insta Gram online coffeeshop

Domain name disputes can often be resolved through a simple administrative (UDRP) procedure. These cases often involve a domain in which the trademark of another party is part. Some companies trust that having their brandname as a domain provides sufficient protection. They often neglect to apply for trademark protection timely. This can have serious consequences. » internet-online-branding

Victory comes from Alkmaar

Many companies register their trading name as a trademark. Reason: a trademark provides much broader protection than trading name law. Especially if services are offered locally, the scope of protection is too limited to inhibit fellow companies in other regions. » tradenames

When can a sound be a trademark?

With the implementation of revised trademark treaty, the requirement that a trademark must be able to be represented graphically was abandoned. This has opened the door to new sorts of trademarks. Think of movie clips, animated images, position marks and of course sound marks. Before that, a melody could only be claimed as a mark, if the melody could be represented in a music-staff. Now that this new legislation is in place, a soundmark may also be submitted as an MP3 file. However, not every application is accepted, as Ardagh learned. » trademark-registration

Red Horse: coat tailing well known trademark

Well-known trademarks enjoy broader protection. Their trademark not only provides protection against similar products, but also against completely different types of goods. It is important that the consumer makes a link to the well-known brand. Well-known brands therefore not only register the word mark, but also other (loose) distinguishing elements. » trademarks

Misleading advertisement for Parodontax toothpaste packaging

Everyone who has ever used Parodontax toothpaste knows that it has no equal. This toothpaste has a unique salty taste, does not foam and once you are used to it, you will never want anything else again. When Parodontax launches a renewed product, it doesn’t only explode on social media, also a complaint is lodged with the Advertising Code Committee (RCC). » advertising-law
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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?