Bad buy

Big BuyMarketers and trademark attorneys are sometimes sworn enemies. With different points of view. Building a strong brand is for a trademark attorney protecting a distinctive trademark. Marketers however do not want to explain the consumer what the product is about: the trademark should tell this. When both sides meet, interesting trademarks can arise.
This is not happening all the time, as we know. Sometimes, rather descriptive trademarks are registered. In combination of a logo as the word alone would not pass the examination. But when the descriptive trademarks grows in value en popularity, this does not automatically mean that the scope of protection is following.
The company behind Best Buy wanted to object the lookalike logo Big Buy. However, the opposition was rejected by the OHIM: although the trademarks are somewhat similar, the scope of protection of both marks is limited and the differences outweigh the similarities. And now, the appeal was rejected too on the same grounds. So, a descriptive trademark seems a quick win, in the long run, such a trademark is a bad buy (and no best buy).
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Knijff Merkenadviseurs


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