A pop icon and a fashion label sharing nearly identical names—could that go smoothly? In 2014, Katie Perry filed a lawsuit when Katy Perry sold merchandise bearing her stage name during an Australian tour. Katie claimed this infringed on her registered trademark. What followed was a long legal battle over whether infringement had occurred and whether Katie’s trademark was valid.

AI seems to be the key to everything — from smart tools to smart marketing. But one thing still requires a human touch: creating a distinctive brand name. Even AI pioneer OpenAI ran into legal reality when it tried to register its own name. OpenAI, Inc. applied to register the word mark OPENAI with the EUIPO, covering software, digital applications, internet and communication services, cloud solutions and online networks.

SpaceX is globally renowned for designing, manufacturing and launching advanced rockets and spacecraft. Elon Musk’s company is not only a pioneer in the aerospace industry—it also takes its trademark protection seriously. Recently, a party based in Hong Kong filed a figurative trademark ‘SPACEX BAR’ with the European Union Intellectual Property Office (EUIPO) for e-cigarettes and vapes. SpaceX filed an opposition.

Who doesn’t remember them? Around the year 2000, Skechers made a name for itself with playful, eye-catching shoe designs that stood out from the crowd. Recently, Skechers applied for a position trademark of the triangular shape near the heel of the sole. Will the triangle showing the cushioning structures be accepted as a trademark?

So, what happened in the Ferrero ice cream opposition? In September 2023, we published a blog about the opposition filed by a Polish company against Ferrero Rocher’s figurative trademark application for the shape of its ice cream popsicle based on its earlier trademark featuring a similar-looking ice cream. Does the application make it though?

His Master’s Voice is known as a record label, an international music retail chain, but above all for its legendary logo featuring a dog and a gramophone—a visual that has become iconic in representing sound recordings and the music industry. His Master’s Voice is a registered trademark. Talisman Brands Inc. opposed the application for a European figurative mark that strongly seems to resemble the classic logo - can we talk of a likelihood of confusion?

You probably know Logan Paul from the wrestling ring, YouTube or his podcast. This time, though, he aimed for a knockout not in sports—but in court—to defend his brand, PRIME Hydration. His opponent? None other than global football icon Lionel Messi. PRIME Hydration is accusing Más+ of copying its packaging design. Is there a likelihood of confusion?

A Spanish applicant filed for the EU word mark VISION PRO. Apple based its opposition based on likelihood of confusion with its Vision Pro trademark — known for its VR headset with a built-in 3D camera. Read more about the Opposition Decision here, highlighting the importance of carefully considering the specific goods and services for which you register a trademark.

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 being the word ‘IKIKI’ instead of IKEA. IKEA filed an opposition, which we talked about in our previous blogpost here. Now, the EUIPO has come to a decision.

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.

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.

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.

Imagine, just a week after opening a fry shop with a catchy name, you are forced to change its name. This happened to Belgian couple Diony Bickx and Sheila Vergauwen, who playfully named their shop "Basic Frit," a nod to the well-known fitness chain "Basic Fit." The name was meant to create a fun association with pushing oneself to the limit, which one does both in sports and the couple does in their business.

Some people wear Crocs as a fashion statement in the city, while others wear them strictly in the privacy of their garden and hide them behind the door the minute they go back inside. The Crocs shoes below aren’t everyone’s thing. However, we are talking about Crocs here − aren’t we? Sufang Yan, a Slovakian company, registered the shoes shown above as a European design in 2022.