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Republic of Mauritius joins WIPO

Republic of Mauritius joins WIPO

Through the International Registration route, companies can easily claim trademark rights in many countries. The big advantages are the cost (relatively cheap) and the central management of trademarks, which makes the managing of these rights more efficient cheaper. Many countries have joined in recent years, including Chile, Jamaica, Cape Verde, Belize and most recently Mauritius. That brings the number of countries where protection can be claimed through WIPO to 130 countries. (Source image: Abcor) » trademark-registration
The Oscars: A vibrant trademark

The Oscars: A vibrant trademark

A trademark must be used normally after five years. If not, third parties can initiate a cancellation action against the mark. The question is though: where should that use take place? If the use takes place outside the European Union, should advertising in the European Union be sufficient? This is crucial for many industries such as the travel industry, real estate sales or large international events taking place outside the EU. » trademark-registration
Issues of (semi) descriptive trademarks

Issues of (semi) descriptive trademarks

From a marketing point of view, it is tempting to use semi-descriptive trademarks. With such a trademark, it is immediately clear to consumers what the attributes of a product or a service are. The disadvantage, however, is that descriptive terms cannot be claimed as trademarks and therefore, as a company, you cannot obtain monopolies on the use of such terms. But how do we know when a term is descriptive? What is considered the limit of descriptiveness? » trademark-registration
State symbol use in logo’s

State symbol use in logo’s

Companies sometimes use elements in their logo that refer to the country where the company is based. This can lead to problems when it comes to the use of symbols as flags, state emblems and certification marks. » trademark-registration
NFT: trademark registrations in the metaverse

NFT: trademark registrations in the metaverse

Ever since Mark Zuckerberg announced his plans to turn his social media platforms into a metaverse business, NFTs and metaverse have been in the spotlight. The metaverse is the new internet, in which all 3D spaces are linked together. Participants in the metaverse use an avatar, a virtual character, with which someone communicates, meets, flirts, et cetera with others. NFTs (non-fungible tokens) are unique, non-exchangeable digital items. NFTs were initially introduced for digital forms of art. » trademark-registration
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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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