The latest hype in New York: the Cronut, a combination of a croissant and a donut. The creator is pastry chef Dominique Ansel and he was has just in time to register his mark in the United States. Some days after his application other application followed like the Cronut Hole.
Meanwhile, the rage has arrived in other cities in the US and the Cronut has already picked up in Europe as there are several trademarks applications as well (an EU mark, and two national marks in Spain and Austria).
The question is whether Cronut is still a valid trade mark or either has become, in its short life, a generic name. Once again it is clear that you must introduce, beside a trademark, a generic name in order to describe your new product.
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“Trademark protection gives freedom to do business.”