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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.
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.
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.
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 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.