Read and enjoy the latest about the fascinating world of trademarks here. The latest on developments in the field of trademark rights, including background information, relevant cases and videos about a range of trademark topics can be found in our Thinktank.
Blogs
When does a swan look too much like a swan? Opposition concerning the STABILO figurative mark
Schwan-Stabilo has long been a well-established player in the world of writing instruments and office supplies and is known for its clear and recognizable figurative marks. In a recent opposition, the dispute was not about words but about an image that can immediately suggest a particular commercial origin: a black swan.
Protect your design properly: what the Volvo case reveals about light signatures
Volvo has been known for its recognisable light signature for years. The “Thor’s Hammer” headlights are a core part of the brand identity and clearly enhance brand recognition. But how robust is that recognition from a legal standpoint? A Romanian designer believed that Volvo’s EU registered design came too close to his earlier headlight design and applied for its invalidation.
Lamborghini family feud
The Lamborghini name also appears on products such as coffee, energy drinks and alcoholic beverages. Lamborghini is not only an automotive brand, but a wide-ranging lifestyle brand with registrations across multiple classes. The recent dispute over the Lamborghini trademark between Tonino Lamborghini S.p.A. and Tenuta Lamborghini S.r.l. Società Agricola can hardly be described otherwise than as a conflict over control of the Lamborghini name and image.
The UBER lesson: broad registration alone isn’t enough
What started as an app to book a ride with a few taps has grown into a platform with multiple variations and subservices, from rides to delivery. That expansion often shows up in trademark portfolios as well. But that wide cover has a weak spot. If the mark is not actually used, someone can challenge it. And that is exactly what happened with UBER.
Is this kangaroo jumping too close to another brand?
KangaROOS has been an established name in the world of sports footwear and apparel for decades. The brand is inseparably linked to the stylised kangaroo that is registered as a figurative mark in numerous countries. When a surf-oriented clothing brand sought to register a new kangaroo holding a surfboard as a European trademark, the question arose how far the room for manoeuvre for using a kangaroo within the clothing and footwear sector actually extends.
Bare words: the battle over NAKED in cosmetics
The distinctiveness of L’Oréal’s NAKED brand was recently called into question. L’Oréal had filed an opposition against the European trademark NAKED SUNDAY for cosmetics. In its defense, the applicant for the NAKED SUNDAY mark attempted to portray NAKED as a descriptive term, referring to product characteristics, such as a ‘pure,’ ‘unprocessed,’ or ‘additive-free’ approach.
From fiction to real life trademark: WONKA versus WONKITOS
The value of trademark registration became clear recently when opposition was filed against the European application WONKITOS based on the existing WONKA trademark. A Spanish company sought to register this mark for a range of food products. Ferrero opposed the application on the basis of its earlier WONKA trademark.
La cerveza más fina: the best beer, but also the best trademark?
Grupo Modelo, the company behind the Corona brand, sought to register a graphic element from the Corona label as a European Union trademark: a black circular shape bearing the words LA CERVEZA MÁS FINA with a crown above them. Can such an element function independently as a trademark?
ABBA nutritional supplements, is that trademark infringement?
The English company ABBA Nutrition sought trademark protection for the name ABBA for, amongst other things, nutritional supplements, medical equipment, drinks, distribution of supplements, restaurant and hotel services and medical services. The famous Swedish band objected to this based on its famous trademark ABBA for music.
Emoji is a trademark but Kikkoman gets away with it
We all know emoji as digital pictograms that add expression or emotion to our messages. What is less well known is that “emoji” is also registered as a trademark by the German company Emoji Company. In a recent opposition case, that mark clashed with KIKKOMAN EMOJIGRID, applied for by the Japanese company Kikkoman.
MICKEY IS (NOT) FREE!
Any new brand name containing “Mickey” immediately evokes associations with Disney’s character Mickey Mouse. The same was true for a European trademark application for the word mark MICKEY IS FREE!, intended for streetwear. The applicant sought to suggest that the copyright of the original Mickey Mouse has now entered the public domain. Disney filed an opposition.
NUTELLA vs MASTELLA: when a brand’s look speaks louder than its name
Not only the trademark NUTELLA of the Italian group Ferrero is world-famous; its jar, colour scheme and distinctive overall presentation are also instantly recognisable to many consumers. This visual identity was at the heart of a recent opposition before the European Union Intellectual Property Office (EUIPO), in which Ferrero objected to an application for the MASTELLA label.
Beer pong, negroni, wine and sex
The title sounds like a party that got out of hand. But no, these are recent European trademark applications, two of which were refused by the European Union Intellectual Property Office (EUIPO). Why were the Dutch 'BIERPONG' and 'SEKS & WINE' refused, while 'CECI N’EST PAS UN NEGRONI' made the cut?
New Renault typeface rejected
Renault developed a new, well-designed typeface for use within its digital environment and attempted to register this design as a European trademark but the European Union Intellectual Property Office (EUIPO) refused the application.
De 9 Straatjes: one street too far
The De 9 Straatjes (9 Streets) name will be familiar to anyone who has spent time in Amsterdam. It refers to the well-known shopping area in the city center, home to boutiques, cafés and galleries. For years, the entrepreneurs’ association behind this neighborhood held an EU trademark for DE 9 STRAATJES.
(Artificial) flower power
Recently, two Danish parties faced off in a dispute over the design registration of a cream-white hydrangea. The complainant’s objection? The flower looked too real, too natural. In other words, no creative choices were made and the flower therefore lacked any true design. They also argued that the design was no longer new and lacked individual character.
Lacoste goes after Asian crocodiles too
A crocodile logo for apparel? That’s guaranteed to catch the eye of Lacoste’s trademark team. The company is notoriously vigilant toward anyone trying to claim similar figurative marks, in order to prevent free-riders from capitalising on its iconic brand. So what happened when a Taiwanese company filed a trademark featuring two crocodiles and Chinese characters?
Harry Potter and football
Football player Kerem Aktürkoğlu often gets called Kerem “Potter” by fans — celebrating his goals with a Harry-Potter-style spell-casting gesture. But could this gesture infringe Warner Bros.' trademark rights? And why did a reported lawsuit suddenly disappear as if by magic?