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Update on Brexit - Part 4

Update on Brexit - Part 4

Although it seems talks are still continuing between EU and the British government, it looks like we should seriously consider the possibility of a hard Brexit as per January 1st 2021.This overview is intended to guide our international colleagues (outside of the EU) on the key things to consider when it comes to managing a trademark porfolio and trademerk related disputes if there is indeed No Deal. » trademark-registration
The importance of logos in fashion - FAKE DUCK vs SAFE THE DUCK

The importance of logos in fashion - FAKE DUCK vs SAFE THE DUCK

Logos are very important in fashion. Consumers usually have the first glance at clothing hanging or lying in the store shelves and they recognize the brand immediately by the neck logo. So the question is how important that logo is when determining whether a brand is similar? » trademark-registration
Vegan Butcher – the importance of filing a logo

Vegan Butcher – the importance of filing a logo

Many companies use (semi) descriptive brand names. The advantage being that the brand name immediately clarifies what product/service is offered. The disadvantage is that such brand names are often not acceptable as a trademark. Why then can it be important to have the brand name registered with a logo? » trademark-registration
Chelsea and José Mourinho

Chelsea and José Mourinho

Famous athletes often file their name as a trademark. They often hold these registrations in their own IP company. This way, the athlete can cash in on his/her popularity and tackle use of their name by third parties. This is not limited to sportsmen (such as Max Verstappen or Ronaldo). José Mourinho is probably the most famous football (soccer) coach worldwide. After Chelsea won almost everything under his rule in 2005, the club files the name and signature of the trainer as a trademark, but on the name of the club as a holder. » trademark-registration
Fack Ju Göthe – Public policy and accepted principles of morality

Fack Ju Göthe – Public policy and accepted principles of morality

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
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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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