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.
The Commodore 64 was hugely popular in the 1980s. Actor and YouTube creator Christian Simpson announced his intention to revive the brand. He revealed that he plans to acquire the Dutch company Commodore Corporation BV – the current holder of the trademark rights. However, his announcement stirred controversy when two Italian companies also claimed ownership of the COMMODORE brand.
Samsung tried to register the below pictogram of a camera as a figurative mark for a wide range of products, including phones, computers, software, and apps. The trademark consists of a lightly stylized camera within a rounded gray rectangle. Will this fairly simple icon really indicate the origin of the product, which is the main purpose of a trademark?
An unusual trademark application: a short video, under one minute long, explaining a game designed to tackle household clutter. The concept is accepted as a trademark by the European Union Intellectual Property Office, which raises questions for us. Is such a long video even an indication of origin? And what about the Star Wars mug in the video's - does that potentially cause problems?
Canadian toy and entertainment company Spin Master Ltd. has long been the proud owner of the world-famous children’s franchise PAW Patrol. Spin Master actively protects its brand portfolio, as demonstrated by a recent opposition case against the trademark ‘PAW PALS,’ filed by a Bulgarian party.
German entrepreneur Oliver Baldus filed a trademark application for ‘It’s not me, it’s ChatGPT’ for clothing. Blaming ChatGPT? Convenient—but also risky. Not surprisingly, OpenAI noticed the application and filed an opposition based on its earlier word mark ‘ChatGPT’. What followed?
Until about 15 years ago, trademark holders were unable to protect their trademarks for wholesale or retail services, because these services were not included in the Nice treaty governing the proper classification of goods and services. Today it is possible to protect trademarks for wholesale and retail services but not always. Read more!
NFL Properties Europe (NFLP), the company managing the trademark rights of NFL teams, recently encountered a trademark application of an Eagle. The team however has only registered two word marks: ‘EAGLES’ and ‘PHILADELPHIA EAGLES’. Can you effectively oppose a pure figurative mark using only word mark registrations?
A pop icon and a fashion label sharing nearly identical names—could that go smoothly? In 2014, Katie Perry filed a lawsuit when Katy Perry sold merchandise bearing her stage name during an Australian tour. Katie claimed this infringed on her registered trademark. What followed was a long legal battle over whether infringement had occurred and whether Katie’s trademark was valid.
AI seems to be the key to everything — from smart tools to smart marketing. But one thing still requires a human touch: creating a distinctive brand name. Even AI pioneer OpenAI ran into legal reality when it tried to register its own name. OpenAI, Inc. applied to register the word mark OPENAI with the EUIPO, covering software, digital applications, internet and communication services, cloud solutions and online networks.
SpaceX is globally renowned for designing, manufacturing and launching advanced rockets and spacecraft. Elon Musk’s company is not only a pioneer in the aerospace industry—it also takes its trademark protection seriously. Recently, a party based in Hong Kong filed a figurative trademark ‘SPACEX BAR’ with the European Union Intellectual Property Office (EUIPO) for e-cigarettes and vapes. SpaceX filed an opposition.
Who doesn’t remember them? Around the year 2000, Skechers made a name for itself with playful, eye-catching shoe designs that stood out from the crowd. Recently, Skechers applied for a position trademark of the triangular shape near the heel of the sole. Will the triangle showing the cushioning structures be accepted as a trademark?
So, what happened in the Ferrero ice cream opposition? In September 2023, we published a blog about the opposition filed by a Polish company against Ferrero Rocher’s figurative trademark application for the shape of its ice cream popsicle based on its earlier trademark featuring a similar-looking ice cream. Does the application make it though?
When you say "007," almost everyone immediately knows you're talking about James Bond—the legendary secret agent from the famous film series. Danjaq is the company responsible for the copyrights and trademarks related to the James Bond characters, titles and other materials. Recently, they had to take action again—this time against a European trademark application for a rather unique product: ouzo.
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.
