In the Netherlands we have a very quick procedure in place to get an immediately enforceable banning order issued by court (the so called Art. 1019e). However, recently courts have become somewhat reluctant to grant such a request, in fact it is almost never granted anymore, the problem being that the opposite party has no right of speech. Only in the case of an obvious infringement this measure is sometimes still granted. »trademark-registration
There are more possible trademarks than just a logo or a word. Other characteristics also have the ability to distinguish one vendor’s offering from another one’s. A shape, sound, motion picture sequence or a pattern. However in practice it can prove difficult to get these kinds of marks registered. The authorities often assume that the consumer does not perceive these as a trademark, the shape is seen as commonplace. However it looks like this might change in the near future. »trademark-registration
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
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
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
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?