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
WIPO’S International trademark registration offers the possibility of affordable trademark protection abroad. Almost a hundred countries have joined already. The latest newcomer is Thailand. »trademark-registration
Not every trademark is automatically accepted by the authorities. As everybody knows, a trademark should be sufficiently distinctive, in order to be admitted. But there are other criteria as well. For example, a trademark may not be conflictive with the public order and morals. In the Benelux trademarks are hardly ever refused on this ground. However, this might be different in other countries and cultures. »trademark-registration
There are various types of trademarks. Besides words and logo’s companies also claim less common signs like, packaging, melodies, and even the outline of a shop. Since 2010 there is a new player, namely the hashtag trademark. »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?