FAQ

Strength of referring logos - 42BELOW vs VODKA 42

In 1999 New Zealander Geoff Ross introduces a new pure vodka under the name 42BELOW. Bacardi buys the company eventually, after the product turned out to be a great success, most notably in the United States in 2008. In 2009 the company registers the logo as a trademark in many countries in Europe via an International Registration. One year later Czech company Granette files an EU application for her name VODKA 42, Bacardi immediately opposes this.

Granette, on the other hand, claims that the number 42 is descriptive. It refers to the alcohol percentage in its vodka, which is 42%. Bacardi´s product has a lower alcohol percentage. In this context 42 has a different meaning, and the logo is different as well, which according to Granette would exclude any chance of confusion. The European Court disagrees with this. 42 is the dominant element in both trademarks and only a part of the target consumers will see it as a referral to the alcohol percentage. The graphic differences are minimal. Granette’s application is therefore denied protection in the European Union. This case clearly demonstrates that even trademarks that have a referring character should be registered.

trademarks

Trademark registration

Trademark infringement, trademark issues and oppositions

Latest news
Rituals vs. The Body Shop: Battle of the Brands
The Bulldog rightly claims damages from Red Bull
Trademark Escobar parfum contrary to public order
Abcor team in World Trademark Review 1000
Louis Keijzer passes BBMM exam with flying colours

Our Clients

Henny Rietkerk
Compra BV- domainnames, apps and website design

"Abcor has a great team of professionals. With an understanding of business and marketing."

Melanie Bauer
Mecy 2 bv - Gangster energy drinks

"The cooperation with Abcor is great. The attorneys can easily be contacted by telephone and/or email. Gangster energy 😄"

Martin de Waal
AIRMADE air solutions- aircondition and climat control apparatus

"Abcor thinks along with the client and provides professional advice. A very pleasant collaboration!"

Alex Duindam
Piet Vijverberg Nursery - nursery specialisted in Phalaenopsis and Dracaena

"Our long-standing partner with regards to trademarks is Abcor. We grow plants and they always grow and bloom. "

Loes Vrij
Fashion designer

"Involvement, punctuality and an eye for the client"

Enzo Knol
Knol Power - vlogger- influencer

"What I like about Abcor is that they are pro-active. They have made a proposal for me how to anticipate on coat-tail riding, the situation that other parties will abuses my name and Knolpower brand. I appreciate their out-of the box approach."

Warmako

"platform for pet brands a.o. CleoCat, Dogr, District70, Geen Fields Rebel Petz"

Mark Uittenbogaart
Mark your Business - advertising agency

"Catchy design that matches brand identity. Targeted recruitment campaigns. Websites and online findability."

Christa Wouda
Dio Academy

"As a sustainable transition adviser, The Dio Academy helps in reducing carbon footprint and total cost through innovation and makes people and organisations agile. "

Robin van Kooten
OUTSTANDING

"We raise camping to a higher level and supply campsites and holiday parks worldwide with luxury safari tents."

Action
Discounter

"Action is Europe's fastest growing non-food discounter. We pride ourselves on offering good and surprising everyday products at very low prices."

Royal Philips Electronics N.V.
consumer electronics

"Philips is de fabrikant van een verscheidenheid aan goederen, van consumentenelektronica tot huishoudelijke apparaten en van beveiligingssystemen tot halfgeleiders."

KPN
Telecommunication

"As the network of the Netherlands we are passionate about offering secure, reliable and future-proof networks and services."

Eurol
Lubricants

"Since 1977, Eurol has been developing and producing lubricants and technical fluids."

Beaphar
Pet care products

"Beaphar provides affordable, accessible health, care and nutrition products of high quality to pets and their families in more than 86 countries."

MessageBird
Application software and APIs

"The platform, applications and APIs of MessageBird help businesses streamline conversations through their customers’ preferred channels — like WhatsApp, Email, SMS, Voice, WeChat, Messenger, Instagram"

Andre Kuipers
SpaceTalk - astronaut

"André Kuipers is not only an astronaut and doctor but also an ambassador for charities."

Ilfari
Decorative lighting

"For more than 20 years Ilfari has have made tailored luminaries."

ADO Den Haag
Professional Dutch Football

"ADO Den Haag is a financially stable football organisation, structurally competing for European football in a full stadium."

MOOI MENS
Stichting Kledingbank Amsterdam

"Charities. The Mooi Mens label falls under the Heb & Houwen, Amsterdam Clothing Bank Foundation."

River2Sea
Fishing articles

"River2Sea has specialised entirely in the design and production of high-quality lures."

Tehava
Bicycles

"Tehava is an international distributor and importer of bicycles, parts and accessories in the mid- and high-level sports segment"

Dechra Pharmaceuticals
Veterinary pharmaceuticals

"Dechra is a global specialist in veterinary pharmaceuticals and related products business. Our expertise is in the development, manufacture, marketing and sales of high quality products exclusively for veterinarians worldwide."

Rainforrest Alliance
International non-governmental organization

"The mission of Rainforest Alliance is to create a more sustainable world by using social and market forces to protect nature and improve the lives of farmers and forest communities."

Scotch Whisky Investments
Investment company

"An international trading house active in whisky as an investment product. The company helps investors add stability to their investment portfolio."

Dancohr Corporation
Cosmetics

"Dancohr Corporation is a leading manufacturer and supplier of high quality skin care, pedicure and cosmetic products tailored to the needs of professional pedicures, podiatrists, beauticians and make-up artists. "

ABCHronicle

Abcors ABChronicle no 50

Read this issue online »

Subscribe to newsletter »

Follow Abcor

IP Quiz

claimant

defendant

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?

Play the quiz

Trademark agency Abcor - protect your trademark

Contact