This spring, a little more became clear about on the effects of Brexit on companies with an EU trademark / EU registered design. The European Commission has published a draft agreement on this subject. The key being that after the exit companies in England should automatically keep similar rights. Although this is only a draft, the expectation is that the final result will not be much different from this. »trademark-registration
An International trademark registration provides relatively cheap and easy protection abroad. Therefore, an increasing number of countries is joining the treaty, like Indonesia. The registration process is not only cheaper, but quicker as well. Maintenance of the rights is also cheaper. »trademark-registration
A word trademark registration covers the use of the word in every writing style. For that reason, companies prefer registering trademarks in standard characters. So if the logo chances, the word will still be protected via the wordmark registration. However, sometimes the design of the logo does not clearly reveal which word it contains. In these cases the logo should be protected as a trademark as well. The LOCK-case is a good example. The holder of the German word trademark LOCK files a cancellation action against the European trademark LOCKMASTER. Both trademarks distinguish electric motors. The wordmark LOCK is older than 5 years, so the use of the trademark must be proven. »trademark-registration
Everybody knows that the Benelux trademark authorities are very liberal as it comes to accepting trademarks. By law, they can refuse trademarks that are contrary to the public order or immoral, but this almost never happens. This seems convenient, but remember that these trademarks may be refused abroad. In Switzerland trademarks are easily refused on religious grounds and the EUIPO refuses trademarks containing the word F*CK. However problems can arise in the Netherlands as well, due to stricter rules regarding advertising. »trademark-registration
As early as in 1999, Diesel registered it´s D-logo for clothing in the European Union. When Sprinter Megacentros files its own D-logo in the European Union, Diesel opposes. Initially Diesel’s claim is denied, based on the assumption that the average consumer would not recognize the character D in the logo and see it as a mere trivial shape. Therefore the trademarks are visually, phonetically and conceptually dissimilar. »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?