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.
Phone ringtone “too banal” to be registrable as EU trademark
The General Court of the European Union has ruled that the standard ringing of an alarm or a telephone may not be registered as an EU trademark (EU TM) on account of its banality. While the EU’s Intellectual Property Office (EUIPO) has allowed “unconventional” signs (such as sounds, colours, smells and holograms) to be registered for some time, the criteria for obtaining such registrations..
Trademark event: meet us at the 2016 PTMG Autumn Conference
Trademark experts from Novagraaf will be attending the Autumn Conference of the Pharmaceutical Trade Marks Group (PTMG) in Oslo, Norway from 5-8 October. If you’re attending, why not get in touch to set up a time to meet?
Fruit (of the Loom): Trademarks and the genuine use requirement
EU trademarks (EU TMs) can be vulnerable to revocation actions if the trademarks are not appropriately used in the market for each of the relevant goods and services. EU trademark holders have a ‘grace period’ of five years; however, once this period has expired, they must be able to show proof of ‘genuine use’ if they are to protect their marks from such actions. But, what is considered..
Reminder: EU TM Article 28(8) deadline is 24 September
Following recent changes to EU trademark legislation, holders of European trademark (EU TM) registrations, filed prior to 22 June 2012, have until 24 September to file Article 28(8) declarations to preserve the scope of protection of their affected rights.
Trademark watching: the how and the why
Most companies already understand the benefits of registering corporate brands as trademarks in the countries and regions in which they trade, manufacture and transport their products. But, in reality, registration is only the first step in the effective use and protection of a chosen brand, company or product name. In order to ensure that valuable marks are fully protected and enforced, they..
Event: meet us at the MARQUES Annual Conference, Alicante
Trademark experts from Novagraaf will be attending the MARQUES 30th Annual Conference in Alicante, Spain from 20-23 September. If you’re attending, why not get in touch to set up a time to catch up with one of our team?
IP event: Join us at the 2016 AIPPI World Congress in Milan
Visit us at booth #37 at this year's annual meeting of the International Association for the Protection of Intellectual Property (AIPPI) in Milan, Italy on 16-20 September.
Trademarks: What is the opposition procedure?
We have written previously about oppositions and how they provide third parties with the opportunity to raise objections to trademark applications. But, what is the opposition procedure – and how can brand owners make best use of it to protect their trademarks?
Should the UK IPO have allowed the Specsavers’ ‘should’ve’ trademark?
News that the UK’s Intellectual Property Office (IPO) had approved the application by British optician Specsavers to trademark the words ‘should’ve’ and ‘shouldve’ raised eyebrows in the British media last week. Will the surprise decision open the door for other common terms to be registered as trademarks?
Brand names: can reputation overcome lack of distinctiveness?
The dispute between established burger chain Tasty Burger and newcomer Tasty Made highlights the perils of selecting descriptive terms when creating a brand name, says Novagraaf's Theo Visser.