Trademark news

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

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

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

The success of 25 years EU trademark

This April 1st, it was 25 years ago that the first EU trademark was filed in the European Union. What is quite common now, was a sensation at the time. Until then, companies could only register their trademark rights nationally (so per country). The EU trade mark was launched to promote free movement of goods in the European Union. With one application, a trademark owner received immediate protection in all countries of the European Union. » trademark-registration

Yellow stitching Dr. Martens valid position mark

Ever since the 1960s, Dr. Martens has been selling their boots. A signature element of their brand is the contrasting thick yellow stitching at the edge of the sole. Given the fact that the yellow stitching acts as an identifier (much like Louboutin's red sole or the red label on Levi's jeans), Dr. Martens has registered this as a position mark to be able to ward off piggyback riders. » trademark-registration
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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?