Trademarks & Domain Names

As is usually the case with IP, it saves time and money over the longer term if a strategy is in place in advance of a brand takeover or launch. The same is true when two businesses merge.

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.

Most of us finish the year feeling bogged down by the work we didn’t quite get around to. Fortunately, the new year offers the promise of a fresh start making December the perfect time to set achievable goals. Why not finish the year with an audit of your IP portfolio, so you can plan your maintenance, consolidation and enhancement projects for the months ahead.

It may be desirable or indeed necessary to retain existing ownership structures for brands acquired as part of a merger or acquisition (M&A). However, if the newly merged business has been rebranded, the conflict between the registered legacy brands and the new brand will need to be resolved.

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 recent General Court decision has confirmed that a 3D trademark can consist of the shape of goods or their packaging. Claire Jones outlines the ruling.

Slogans, catch-phrases and other types of taglines can help companies to build brand identity; however, applications to protect them as trademarks are not always successful, as evidenced by a recent decision by the EUIPO’s First Board of Appeal.

The European Commission and UK negotiators reached an agreement on the entirety of the Brexit Draft Withdrawal Agreement on 14 November. Next it needs to get through UK parliament and the rest of the EU.

When a business merges or acquires another business, one of the next questions is: what should that newly merged business be called? Opting to ‘fuse’ the two previous brand names does offer reputational benefits, but there are also a number of IP hurdles that need to be overcome.

Corporate approaches to IP management have varied considerably over the years, driven in part by changes to business structures and practices, as well as to stakeholder understanding of the role and value of intangible assets.

Choosing a new company or brand name can breathe new life into an enterprise; on the other hand, not all consumers embrace change. Trademark Attorney Claire Jones sets out points to consider when assessing whether a rebrand is right for you.