Read and enjoy the latest about the fascinating world of trademarks here. The latest on developments in the field of trademark rights, including background information, relevant cases and videos about a range of trademark topics can be found in our Thinktank.
At Knijff, we often emphasize the importance of trademark protection for artists. If you are not properly protected, or if your trademark rights are in the hands of someone who does not have your best interests at heart, the consequences can be serious. The popular former American boy band Why Don’t We experienced this firsthand after a recent court ruling following years of legal battles.
A German applicant filed a trademark application for GAME OF DONER for fast-food services. Home Box Office (HBO) opposed the application based on its well-known trademark GAME OF THRONES. Does GAME OF DONER unfairly take advantage of GAME OF THRONES?
Mysteryland is one of the oldest festivals in the Netherlands and has a rich history. Merchandise is an important source of income for festivals. A German individual filed a trademark application for MYSTICLAND in the EU, covering products like CDs. Mysteryland filed an opposition, based on a risk of confusion.
When thinking of a trademark, you probably picture a brand name or logo, but distinctive signs come in many forms. For an average color or shape mark, however, consumers may struggle to perceive these marks as a source identifier. Recently, three applications for non-traditional trademarks were rejected—always something to learn from!
Gummy bears were invented by German confectioner and Haribo founder Hans Riegel, and have gained worldwide recognition under the name Goldbears. Recently, the German confectionery brand GOLDBEARS encountered a European trademark application for the figurative mark GOLDBEER for beers. Haribo filed an opposition on the grounds of likelihood of confusion and its reputation, although the products are not similar.
Gummy bears were invented by German confectioner and Haribo founder Hans Riegel, and have gained worldwide recognition under the name Goldbears. Recently, the German confectionery brand GOLDBEARS encountered a European trademark application for the figurative mark GOLDBEER for beers. Haribo filed an opposition on the grounds of likelihood of confusion and its reputation, although the products are not similar.
LEGO is undoubtedly an iconic brand for both young and old. In addition to design rights on the LEGO brick itself, LEGO also holds design rights on the LEGO minifigure as well as trademark rights on its classic shape. Not surprisingly, the toy manufacturer filed several applications for the cancellation of toy figure design registrations of third parties over the past years.
A perfume bottle, besides the fragrance and the brand it holds, is often a work of art in itself. The flasks are often so distinctive that the brand can be recognised by the bottle’s shape. Chanel recently filed an opposition against Romanian perfume brand CHAOS’ application of the 3D shape of their latest fragrance, because of the close resemblance to the Chanel No. 5 bottle.
When choosing a trademark for your products and/or services, you typically go for one that is distinctive and appealing. You aim to go for an attractive trademark, because you want to sell your product or service. However, you could also opt for an ugly one. It doesn’t happen often, but it would certainly be distinctive. Or wouldn’t it be?
Trademarks must not violate public order or principles of morality. Trademarks that are racist, offensive, or unacceptable for any other reason will be refused. This is a broad standard, often shaped by cultural differences. Recently, the Benelux office intervened with the trademark "WHITE ONLY" for a nightclub. Offensive?
The use of AI, such as ChatGPT, has become indispensable across various professions. The legal sector is no exception, with AI increasingly making its way into legal proceedings. But is it wise to rely on an AI tool for legal representation? Let’s take a closer look at a case in the Benelux where AI played a role in a trademark opposition procedure.
One moment, a municipality proudly unveils its new logo; the next, it faces accusations of plagiarism. This recently happened to the municipality of Urk in The Netherlands. Their new logo features a stylized "U," outlined and rendered in two shades of blue. Controversy quickly arose, as the design was said to closely resemble the logo of the municipality of Terneuzen—a similarly outlined letter, in this case, a "T," also featuring various shades of blue.
Louis Vuitton is globally recognized for its iconic pattern, but the name itself is also a widely known trademark. It is common for brands to register the abbreviation of their brand name. Louis Vuitton also registered 'L.V,' an abbreviation frequently seen on their bags and clothing. This registration proved useful, as Louis Vuitton recently had to take action against a Finnish company that filed a European application for the word mark 'LV' for cleaning products. Is there a risk of confusion?
Lotus Bakeries, known for its ‘Speculoos’ spread and Biscoff biscuits, is a favorite among snack enthusiasts. Recently, we saw an interesting European trademark application from the company for its packaging design. The company tried to register both labels and shapes in the past but most got rejected due to a lack of distinctiveness. What about the registration of shapes as trademarks?
Lovin’ it – sounds familiar? You’re probably thinking of McDonald’s, but interestingly, it wasn’t McDonald’s that filed this slogan as a trademark in the European Union. A Greek company applied for this figurative mark for chocolate beverages. McDonald’s, well-known for its slogan “I’M LOVIN’ IT!”, filed an opposition against the application. Does the Greek company stand a chance?
Marlboro's opposition against the European trademark application of Gold Mikaello: the Gold Mikaello cigarette pack stands out because it replicates several key elements of Marlboro's iconic design. Does Gold Mikaello likely gain an unfair advantage by leveraging Marlboro's established reputation in the tobacco industry?
If asked to name an iconic building in Paris, no doubt the Eiffel Tower comes to mind. There’s no doubt that the Eiffel Tower is a landmark – but is it also a trademark? This question arose when the city of Paris filed an application for a logo in the European Union for use on printed matter, clothing and for events.
Though in first instance the EUIPO accepted the oval shape with blue and yellow from Chiquita as a logo, Compagnie Financière de Participation challenged the validity of the mark. Compagnie argued that the logo lacked distinctive character, as oval labels and the color scheme are commonly used in the sector of bananas.
