News & opinion

With Halloween almost upon us, we’ve rounded up some ‘spooky’ and ‘sweet’ case law updates to get us in the mood for tomo

Alcoholic drinks and energy drinks found not to be sufficiently similar in dispute over ‘FLÜGEL’ (wings) trademark.

Of course, you can launch a new brand before obtaining trademark registrations, but you may need deep pockets if you are to obtain the necessary rights after the fact. Claire Jones looks at the recent high profile launch of Jack’s by Tesco.

A recent judgement by the General Court provides a useful reminder of the tests for assessing likelihood of confusion, as well as the evidentiary requirements for establishing the distinctiveness of a disputed mark. Florence Chapin sets out the case. 

The number of countries and regions joining the international system for trademark registration on the basis of the Madrid Agreement and its Protocol, continues to grow. Malawi is the latest country to deposit an instrument of accession

A number of important amendments were introduced to Benelux Trademark Law in 2018 and there are more to come in early 2019. A summary of the recent and expected changes is set out below.

A US court ruled this month that ‘ugg’ is not a generic term to describe the popular slouchy sheepskin boots, clearing the way for the brand owner, Deckers Outdoor Corporation, to pursue its trademark and design infringement actions against a rival manufacturer.

EU trademarks ‘with reputation’ enjoy a broader scope of protection than those without. But, what does this broader scope entail? Novagraaf’s Timo Buijs sets out the key points of the doctrine in light of the recent dispute between OREO and TWINS.

Although not impossible, seeking trademark protection for slogans can prove difficult. Trecina Surti sets out the criteria to consider when looking to protect a slogan in the European Union.

Fashion brand fails to provide adequate proof of use for the stylised capital D it registered as an EU trademark in 1999. Ardine Siepman examines the decision.

If you build a brand or reputation around your own name, what happens if a third-party owns the trademark registrations to that name, rather than you?

The French government is in conflict with another company over trademarks containing the word ‘France’. Novagraaf’s Ardine Siepman examines a recent ruling by the General Court of the EU, which considered whether anyone could even own the word ‘France’.