When examining a new trademark application, the authorities also assess whether the trademark may be in breach of public policy and the accepted principles of morality. The Benelux authorities are very liberal on this point. The European authorities are a lot stricter. Many applications are refused, relating to drugs, politics, religion and sex. As soon as the F-word is in it, you can assume that the trademark will be refused. But is this just? Should a trademark actually be refused on this ground? »trademark-registration
A trademark is under obligation of use five years from filing. Since proof of use can be difficult to collect (see BigMac –Abcors ABC-no. 35), companies re-file their most important trademarks every five years (so-called repeated filing). For a long time is has been questioned whether this was allowed. After all, by a repeated filing the term in which use has to be proved is extended artificially. As the concept of bad faith is not further elaborated in the EU Trademark Directive, a definitive rule should be formed by case law. »trademark-registration
Following Canada (this summer) it is also possible to claim trademark protection for Brazil via the Madrid system of International Trademark Registration from 2 October. Through the International Registration it is reasonably cheap and much easier to claim protection in many countries worldwide. 121 countries have now joined this treaty. In addition to the fact that the application costs are considerably lower, maintaining the rights is much easier. »trademark-registration
With an International Registration it is quite cheap and easy to claim protection abroad. At present, 120 countries are already members of this treaty. Canada joined on June 17th 2019. Beside the fact that the application costs are much lower, the costs to maintain one’s rights are also more attractive. »trademark-registration
The Benelux trade mark office can refuse a trademark if it feels that this is descriptive. This decision can be appealed at the Benelux Court of Appeal. In the past ten years the Court of Appeal in The Hague has almost always followed the line of the BOIP, but at its latest decision from December 2018, the BOIP is suddenly overuled. A sign of hope for the future? »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?