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.

‘Cocoaine’: a combination of cacao and the drug cocaine. Surely the applicant wanted to hint to the addictive and appealing properties of his product, but if in the eyes of the law it’s also a suitable name? The EUIPO made a decision. Is the name “Cocoaine” risking normalizing or maybe even glamorizing recreational drug use?

In our earlier blog we discussed the opposition between Maradona's former lawyer and a United Arab Emirates company. This company had filed a cartoonish image of Maradona in the European Union with his Italian nickname Dieguito above it. The opposition was based on the word mark MARADONA. It was interesting to hear how the European trademark office (EUIPO) would handle this opposition: is there use of MARADONA as a trademark, and if so, is only a conceptual similarity sufficient to assume confusion?

Studio Ghibli is often called the Japanese version of Disney. With exceptional craftsmanship, often still hand-drawn, animated films like My Neighbor Totoro and Spirited Away have become globally recognized and widely acclaimed. Spirited Away even won an Oscar for best animation film. Just like Disney, Studio Ghibli has its own shops and merchandising, also in countries outside Japan.

Everyone knows the IKEA logo: an oval shape surrounding the letters "IKEA" and iconic blue and yellow colour scheme. In January 2024, a Chinese company from Shenzhen filed a trademark application for a logo that looked suspiciously similar to IKEA's. The only difference was that it featured the word ‘IKIKI’ rather than IKEA. Both words begin with IK, but the main similarity concerns the graphic elements, as anyone who sees the Chinese logo would automatically think of IKEA.

Lacoste is a good example of a strong brand in terms of both its name and its logo. Founded by the French tennis player René Lacoste, the fashion house has become famous over the years for its iconic polo sweaters and sportswear. With these kinds of brands, you can be almost certain that trademark rights are well protected.

Imagine: you buy a beautiful cream-colored coat and read "Champagne" as the color on the label. Sounds fine, right? Well, not for everyone. For the Comité Interprofessionnel du Vin de Champagne (CIVC), which represents over three thousand Champagne producers and all things sparkling and French, the use of the term Champagne on clothing labels was a step too far. They argued that the American fashion brand Cult Gaia, by using this term, was exploiting, diluting, and harming the reputation of the name Champagne