Not every trademark is automatically accepted by the authorities. As everybody knows, a trademark should be sufficiently distinctive, in order to be admitted. But there are other criteria as well. For example, a trademark may not be conflictive with the public order and morals. In the Benelux trademarks are hardly ever refused on this ground. However, this might be different in other countries and cultures. »trademark-registration
There are various types of trademarks. Besides words and logo’s companies also claim less common signs like, packaging, melodies, and even the outline of a shop. Since 2010 there is a new player, namely the hashtag trademark. »trademark-registration
In 2014 the EUIPO presented a new guideline regarding the admissibility of logo´s as a registered trademark. A little stripe under the word or a square as background will not convert a logo in a distinctive and valid trademark. The idea is that consumers will not recognize the sign as a trademark, because the logo is too descriptive. As a consequence, many logo´s are being refused by the authorities. In the meantime, the first appeals against these refusals have been judged by the court, that (unfortunately) confirms the new policy. »trademark-registration
A difficult question for many companies that are active beyond the border is where to register the trademark. Just on the home market or in other countries as well. For companies that also do a lot of merchandising this is very important. AFC Ajax has registered its logo in the Benelux, a few countries in Europe, Russia and the United States. »trademark-registration
Many companies register their company name and trademarks as wordmark only. Often, however, a logo is also use. If this logo is distinctive and plays an important role in communication it is advisable to register this as a trademark as well. »trademark-registration
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?