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!

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?