EU trademarks ‘with reputation’ enjoy a broader scope of protection under EU trademark law. Timo Buijs examines this doctrine in light of the recent conflict between ‘Spa’ and ‘Spaaq’, as well as what happens when trademarks become so well known as to risk becoming generic.
J Sainsbury, more commonly known as supermarket chain Sainsbury’s, has had success in a recent trademark invalidity application at the UKIPO against the shape of a Babybel cheese. Claire Jones outlines the case and considerations for brand owners.
Colours form some of the world’s most recognisable and valuable trademarks, but the bar for registration is high. Even after registration and long-standing use, they can still be at risk of attack, as illustrated by the latest setback to Cadbury in its battle to protect its iconic shade of purple.
In 2018, Chinese telecoms company Huawei filed an EU trademark application for the word mark ‘Freebuds’ covering headsets and earphones. EUIPO refused the application due to its lack of distinctive character. That ruling has recently been upheld by EUIPO’s Board of Appeal. Frouke Hekker outlines the decision.
Rockstar Games, the makers of the 2018 hit action-adventure game Red Dead Redemption 2 (RDR2) is battling to overcome a trademark challenge by Pinkerton Detective Agency.
The quality of evidence of use submitted can make or break a trademark cancellation defence, no matter how big the brand, as fast-food giant McDonald’s recently found to its cost.
As a business, your trademark is what distinguishes your goods and/or services from those of your competitors, making it one of your most important assets. Trecina Surti sets out tips on choosing an effective name.
The Trade Marks Regulations 2018 came into force on 14 January 2019. Vanessa Harrow examines the key changes being introduced to UK law.
The application for trademark registration of the sign ‘H2O+’ was refused by the EUIPO, as decided by the EU General Court on November 27, 2018. The EU General Court concluded that the sign applied for lacks distinctive character and is therefore not suitable as a trademark.
In the spirit of the holidays, Claire Jones examines Christmas-themed IP issues and sets out requirements to consider in order to avoid them.
Novagraaf’s Timo Buijs examines the function of colours in trademark law and the possibility to register colours and combinations of colours as trademarks, based on a recent CJEU ruling.
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.