His Master’s Voice is known as a record label, an international music retail chain, but above all for its legendary logo featuring a dog and a gramophone—a visual that has become iconic in representing sound recordings and the music industry. His Master’s Voice is a registered trademark. Talisman Brands Inc. opposed the application for a European figurative mark that strongly seems to resemble the classic logo - can we talk of a likelihood of confusion?

You probably know Logan Paul from the wrestling ring, YouTube or his podcast. This time, though, he aimed for a knockout not in sports—but in court—to defend his brand, PRIME Hydration. His opponent? None other than global football icon Lionel Messi. PRIME Hydration is accusing Más+ of copying its packaging design. Is there a likelihood of confusion?

Ultimately, it is up to the courts to determine whether a work is original enough to qualify for copyright protection. The Apple TikTok dance was created by Kelley to the song Apple by Charli XCX and went viral after she shared it on TikTok in June 2024. The gaming platform Roblox sought to integrate this dance into their game Dress to Impress as an “emote”, but are they allowed?

You proudly showcase your new product online. Everyone can see what a beautiful creation it is. Then it hits you: I need to register it as a design to prevent someone else from copying it. A design registration in the European Union requires two things: the design must have individual character and be new. When it comes to the novelty requirement, unfortunately, you can be your own worst enemy: did you already disclose the design to the public before filing? If so, your design might no longer qualify for registration.

The figurative trademark application featuring a portrait of Maradona, complete with his signature and full name, is refused. The mark is found to immediately evoke an association with the legendary footballer and the earlier MARADONA mark.

But does the same apply to a silhouette of a footballer wearing number 10 – the jersey number Maradona famously wore throughout most of his career? Unlike the first, this trademark contains no textual reference to MARADONA, only a visual hint at who the player might be.

A trademark for ‘smoothie’ for skincare,  sounds fresh, fruity, and healthy, right? That was probably the idea behind the U.S. company that applied to register the word mark SMOOTHIES for cosmetics. The name is however just a little too... juicy. If a sign describes (or can be understood as describing) features such as the type, quality or ingredients of the product or service, it is barred from registration.

When the opposing party initiates a revocation action on the grounds of non-use, even a big name needs to prove its use. This is a common tactic in trademark disputes to delay the proceedings. Even for a globally renowned brand like VIAGRA proof of use had to be provided. Is this reasonable?

Champagne is a Protected Designation of Origin (PDO). Recently, the European Union Intellectual Property Office (EUIPO) had to deal with another "Champagne case." An Italian company applied to register the wordmark CHAMPRICE for restaurant services. Would CHAMPRICE take unfair advantage of Champagne’s reputation?

A Spanish applicant filed for the EU word mark VISION PRO. Apple based its opposition based on likelihood of confusion with its Vision Pro trademark — known for its VR headset with a built-in 3D camera. Read more about the Opposition Decision here, highlighting the importance of carefully considering the specific goods and services for which you register a trademark.

In January 2024, a Chinese company from Shenzhen filed a trademark application for a logo that looked suspiciously similar to IKEA's—the only difference being the word ‘IKIKI’ instead of IKEA. IKEA filed an opposition, which we talked about in our previous blogpost here. Now, the EUIPO has come to a decision.

UEFA is no stranger to securing intellectual property that goes beyond just logos and names. The European trademark register already includes registered trademarks such as trophies, footballs, slogans and mascots. Recently, UEFA filed trademark applications for the anthems of the Champions League and the Conference League using MP3 files. Can UEFA soon add two more registrations to its portfolio?

At Knijff, we often emphasize the importance of trademark protection for artists. If you are not properly protected, or if your trademark rights are in the hands of someone who does not have your best interests at heart, the consequences can be serious. The popular former American boy band Why Don’t We experienced this firsthand after a recent court ruling following years of legal battles.

A German applicant filed a trademark application for GAME OF DONER for fast-food services. Home Box Office (HBO) opposed the application based on its well-known trademark GAME OF THRONES. Does GAME OF DONER unfairly take advantage of GAME OF THRONES?

Mysteryland is one of the oldest festivals in the Netherlands and has a rich history. Merchandise is an important source of income for festivals. A German individual filed a trademark application for MYSTICLAND in the EU, covering products like CDs. Mysteryland filed an opposition, based on a risk of confusion.

When thinking of a trademark, you probably picture a brand name or logo, but distinctive signs come in many forms. For an average color or shape mark, however, consumers may struggle to perceive these marks as a source identifier. Recently, three applications for non-traditional trademarks were rejected—always something to learn from!

Gummy bears were invented by German confectioner and Haribo founder Hans Riegel, and have gained worldwide recognition under the name Goldbears. Recently, the German confectionery brand GOLDBEARS encountered a European trademark application for the figurative mark GOLDBEER for beers. Haribo filed an opposition on the grounds of likelihood of confusion and its reputation, although the products are not similar.

Gummy bears were invented by German confectioner and Haribo founder Hans Riegel, and have gained worldwide recognition under the name Goldbears. Recently, the German confectionery brand GOLDBEARS encountered a European trademark application for the figurative mark GOLDBEER for beers. Haribo filed an opposition on the grounds of likelihood of confusion and its reputation, although the products are not similar.

LEGO is undoubtedly an iconic brand for both young and old. In addition to design rights on the LEGO brick itself, LEGO also holds design rights on the LEGO minifigure as well as trademark rights on its classic shape. Not surprisingly, the toy manufacturer filed several applications for the cancellation of toy figure design registrations of third parties over the past years.