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When can a sound be a trademark?

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
Coin pocket Diesel valid positionmark

Coin pocket Diesel valid positionmark

Diesel has a design for its jeans with a small pocket on top of the right front pocket, the so-called coin pocket. Diesel has applied a small diagonal stripe to this small pocket. Just as Levi's sees its red vertical tab as a trademark, Diesel uses this slanted strip as a vital part of its branding too. In order to protect the rights, it applies for a position mark. » trademark-registration
The importance of protecting a logo, WELSON vs WELLUX

The importance of protecting a logo, WELSON vs WELLUX

The main rule is that a word-mark is optimally protected when registered in all-caps. In whichever way the word is used, the use then falls under the requested protection. However, with short wordmarks, small differences are often enough to distance oneself. In such cases filing a logo can provide extra protection. » trademark-registration
Pakistan enters International Trademark system

Pakistan enters International Trademark system

From May 24th onwards, it is possible to claim trademark protection in Pakistan through the International Registration. International Registration is a relatively cheap and easy way to register a trademark in a vast amount countries around the globe (such as China, USA, Brazil and Canada). 124 countries have now joined this system. Beside the fact that the application costs are much lower, maintaining the rights is more attractive. » trademark-registration
D-Reizen: bankruptcy and trademark rights

D-Reizen: bankruptcy and trademark rights

As a result of the pandemic last April, the curtain dropped for D-reizen, one of the largest tour operators in the Netherlands. On March 12, however, all trademark rights were suddenly assigned to another entity, keeping the rights outside the bankruptcy. Immediately the question arose whether this constitutes a fraudulent act (a transfer of assets that is disadvantageous to creditors)? Probably yes, given the fact that parties are facing each other in court. » trademark-registration
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Abcors ABChronicle no 44 Abcors ABChronicle no 44
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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?
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