News about trademarks
Trademarks, whether they are strong, beautiful or special, play an important role in our daily lives. All brands have their own story, their own context within which they develop. Investing in the value of a trademark is an important part of a business’s strategy since the value of a trademark or trademarks to a great extent determines the profitability of the organisation and thus its value. With practical situations as a focus, this section sets out all relevant and interesting developments in the field of trademark law.
Caution: misleading letters and false invoices trademark authorities
Unfortunately, trademark owners are frequently approached by companies that pretend to be an official authority, for example through misleading letters or fake invoices. We would like to point out these malpractices.
Volvo versus Lovol
Car manufacturer VOLVO tried to prevent the application of two figurative signs containing the word LOVOL for agricultural machines and vehicles. Volvo argued that the trademarks VOLVO and LOVOL are similar, because of the resemblances between ‘vol’, ‘vo’ and ‘lov’. OHIM, the European trademarks and designs authority, did not agree with VOLVO and in its recent judgments the General..
The Bimbo Doughnuts case
The Spanish company Bimbo SA applied for a so-called Community Trademark for BIMBO DOUGHNUTS at OHIM, the European trademarks and designs authority. The holder of the earlier Spanish national trademark DOGHNUTS (sic) was not happy with the application and opposed against it. With success: the application of Bimbo SA was refused. Bimbo SA appealed, but the earlier rulings were upheld by the..
The Rubik’s Cube shape mark is valid
The registration of the shape of the Rubik’s Cube as a Community Trademark is valid. The General Court of the European Union (hereafter: the General Court) ruled in favour of the “cube mark” in a dispute between Simba Toys GmbH & Co. KG and the European trademark authority, OHIM. Novagraaf’s Michaël Sumer sets out the background to the dispute.
The Novagraaf Holiday Puzzle - join in & win an e-reader!
It's December. We hope you can find the time around Christmas to enjoy a wonderful holiday season. To make sure our brains are not on 'standby', we have composed a challenging holiday puzzle for you. We have put the logos of 25 different brands together in a table, but only part of the logo is visible. Can you match the logos with the brands? Fill in the answers via holiday-puzzle.novagraaf.com..
The red sole saga continues
Christian Louboutin has emerged victorious in its battle against Dutch shoe retailer Van Dalen: the Court of Appeal in Brussels, Belgium, has granted Louboutin trademark protection over its signature red sole once again.
Interflora v M&S: the dispute continues
On 5 November 2014, the Court of Appeal ruled on the ongoing dispute between florist Interflora and high-street retailer Marks & Spencer (M&S). The decision follows previous rulings by the European Court of Justice (ECJ) in September 2011 and the High Court of England and Wales in May 2013. The High Court had ruled that M&S had infringed the florist’s trademark rights by registering..
New procedures announced by OHIM
OHIM, the European Union agency responsible for the Community trademark (CTM), will implement two changes with effect from 24 November 2014.
ECJ finds bicycle and horse to be confusingly similar
Does a figurative mark representing a boy on a bicycle holding a mallet infringe the well-known polo player trademark of The Polo/Lauren Company? The OHIM found that it did not, but in its judgement of 18 September, the European Court of Justice (ECJ) decided differently. Novagraaf’s Frouke Hekker sets out the background to the dispute.
First steps to exporting: IP considerations explained
Novagraaf UK’s Dr Peter Wilson sets out the IP elements to consider when developing or updating an export strategy.