EU

Alcoholic and non-alcoholic drinks found to be sufficiently distinct for ‘Iceberg’ trademarks to be allowed to co-exist.

The ruling follows years of uncertainty for tonic water brands, as a result of the introduction of EU nutrition and health claim regulations, designed to prevent food and drink products from implying positive health benefits.

The UK’s dairy industry has objected to the use of the word ‘cheese’ by Vegan cheesemonger La Fauxmagerie, which opened in London last month, citing EU rules requiring products marketed as ‘milk’, ‘cheese’ and ‘butter’ to include dairy.  

Despite the apparent blow previously delivered by the CJEU to holders of geographical indications, Hamburg's Regional Court has found in favour of the Scotch Whisky Association in its dispute over use of the term 'Glen'.

Brand owners have long complained about the ease with which counterfeiters are able to sell fake goods in online sites such as Amazon. Now, the retailer has announced plans to introduce serial numbers and improve automatic detection to curb such sales.

The amended Benelux Convention on Intellectual Property (BCIP) came into force on 1 March, bringing Benelux trademark law in line with the EU Trade Mark Directive. Among other changes, it introduced new opportunities for the registration of non-conventional trademarks, such as multimedia or motion marks.

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.

So much of Brexit is up in the air, including the date when the UK’s exit from the EU will even occur. We summarise what we know so far, and how businesses should prepare.

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.

Although the CJEU recently ruled that the flavour of a cheese spread is not eligible for copyright protection, advances in the technology used to electronically describe odours and flavours could overcome legal obstacles to their protection in the future, say Chantal Koller and François Grange.

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.