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?

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.

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

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.

You may be familiar with Hyundai as a car brand but did you know that there is also a Hyundai Technology, a Hyundai Motor Company and an HD Hyundai Co.? The first company is located in Puerto Rico, while the other two are South Korean. Hyundai Technology filed an opposition against an application for the wordmark ‘Hyundai’ for computer monitors and systems from the two South Korean companies on the grounds that its older European and German trademarks bear the same name. 

Can anyone realistically claim exclusive trademark rights to a golden champagne bottle? After all, gold is often used to enhance a product's upscale image. However, conflicts do arise from time to time, as we recently saw in an interesting case before the European Trademarks Office. The case concerned a shape mark consisting of a golden bottle from Sensi Vigne & ViniS.r.l., an Italian wine and champagne producer.