Coca Cola Twitter #trademark registrations

Social media is becoming more important in communication. Some companies anticipate on this. Coca Cola (2 million followers on Twitter), for example has recently filed two trademark applications for her slogans in combination with a hashtag: #cokeandpics and #smilewithacoke. With these registrations the company wishes to secure her social media campaign.

However, we believe that this is only possible if the slogan itself can be registered. The trademark authorities will not give extra value to the #. If a slogan cannot be registered as a trademark, simply because it is no more than a mere appraisal, adding a # will not be a solution (a logo would). If the slogan is used in this form (on cans or in order to generate traffic on social media), a #-registration may be a good idea.

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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?