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
Beer dispute over the letter C: how far does the protection of a single letter reach?
Cruzcampo, the largest beer brand in southern Spain, has registered an elegant letter 'C' as a trademark. The Italian company Birra Castello applied for a trademark for beer featuring a stylized 'C'. España, the owner of Cruzcampo, filed an opposition. How far does the protection of a single letter extend?
Is it a K or an N?
New Balance has been associated with the large N on sneakers since the 1970s. Decathlon's running brand Kiprun uses an angular logo meant to represent a stylised K, which also appears mirrored on shoes. New Balance has sued in a federal court in Massachusetts for alleged trademark infringement. Could the mirrored K cause confusion on running shoes?
Meloni's voice trademark application: a lost voice
Giorgia Meloni, the Italian prime minister, has applied to register her voice as a sound mark in the European Union. The mark consists of her saying “I am Giorgia Meloni” twice in Italian. It is reportedly intended as an extra weapon against deepfakes. What does such a registration actually protect: the voice, or only that recording?
Clever idea? Birkenstock + Havaianas = Birkaianas?
BIRKAIANAS sounds as if Birkenstock and Havaianas were launching a new shoe model together. No such collaboration took place; however, both brands separately objected to the registration of BIRKAIANAS, yet their cases yielded strikingly different outcomes at the European trademark office. Why did one instance of similarity prove legally insufficient, while the other carried significant weight?
Sounds like Grolsch
For decades, beer brewer Grolsch has used the characteristic 'pop' sound of its swing-top bottle as a recognizable element of the brand. But can a sound produced when opening a bottle possess sufficient distinctiveness in its own right to be registered as a trademark?
Can CHOPIN be marked as a trademark?
For many, CHOPIN immediately brings to mind the famous composer, but can the name also function as a trademark? For the Fryderyk Chopin Institute, a case before the European trademark office hinges on whether the use of CHOPIN is actually perceived as an indication of commercial origin, or primarily as a reference to the composer and his music. The earlier case involving GEORGE ORWELL could prove decisive in determining what constitutes normal trademark use.
Strong trademarks make the difference: Apple stops APstore
Apple’s App Store has built a strong position through extensive use. But how far does that protection extend when Yuneng Technology seeks to register "APstore" for other services?
The delicious San Marzano plum tomato at the heart of a trademark dispute
The Protected Designation of Origin 'San Marzano' protects the famous Italian tomato, but does it also mean that no one else can use the name as a trademark for products unrelated to tomatoes, such as clothing?
Playing for protection: trademarks in the gaming world
Two recent European applications filed by Sony show that the gaming industry is seeking to protect not only names, logos and characters, but also hardware.
SEGWAY keeps SECVAY off the trademark register
The recent European trademark application for “SECVAY” sounds very similar to “SEGWAY.” Is this similarity sufficient to support a successful opposition by SEGWAY? That question was central when the European Trademark Office had to assess whether the phonetic similarity between the two trademarks, in combination with the goods in question, was sufficient to establish a connection between the trademarks.
Cheetos devours Cheezo in trademark dispute
PepsiCo opposed the registration of CHEEZO, citing the strong reputation of CHEETOS in Spain. For the European Trade Mark Office, the key issue was whether the similarities between the two names and the food products in question would lead consumers to associate the two brands.
Trek Bicycle Corporation successfully fends off TINY TREKS
TINY TREKS focuses on products such as strollers, camping trailers, and wheelchairs. TREK, on the other hand, is known for bicycles. Can TREK take legal action against this trademark?
Tesla fails to register ROBOTAXI as an EU trademark
An innovative product but not an innovative name: Tesla’s ROBOTAXI trademark has also been rejected on appeal. According to the European Trademark Office, the public immediately understands ROBOTAXI as an autonomous taxi.
Personal names as trademarks: your first name is not always yours
ANASTASIA is a first name, but also a well-known beauty brand. Can someone else still register that same first name as a trademark for cosmetics if a middle name is added to it? That question was at the heart of the matter when the European Trademark Office had to determine whether the two beauty brands were too similar.
What do Chelsea Football Club and the London Underground have in common?
Recent revocation actions against the trademarks of Chelsea FC and the London Underground demonstrate the difficulty of maintaining a trademark for all merchandise.
Lines of the Volkswagen Beetle are not yet a copy
Volkswagen felt that a new car model from Great Wall Motor bore too many similarities to the iconic Beetle. But how far does the protection of a classic design extend when certain design elements have been part of design history for decades?
Ralph Lauren wins the polo match
Ralph Lauren objected to a new trademark application for clothing that also featured a horseback-riding polo player. Although the logo in question has a more abstract design, the dispute centers on the question: does the public associate a product bearing the disputed logo with Ralph Lauren?
DIOR vs DAUR: a shining victory for Dior
With shorter trademark names, the differences are more pronounced. Can the well-known brand DIOR then take legal action against the trademark application DAUR?