Sometimes a business has been using a brand name for years without formally registering it. That may work fine until someone else applies to register the same mark. That is exactly what happened in a recent case involving the mark EASJOY. In some situations it is possible to rely on such an unregistered right and even invoke it against an EU trademark application. However, clear conditions apply.

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.

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.