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Acquired distinctiveness in trademarks: the secret is in the evidence
Acquired distinctiveness is a powerful tool that enables a mark, that would otherwise fall short of the minimum distinctiveness threshold to be registrable as a trademark, to be protected as such. Although the process requires time, strategy and resources, it is possible to turn a sign, which in principle would not meet the necessary requirements […]
New patent possibilities emerge for natural products
New case law by the Technical Board of the European Patent Office (EPO) establishes that new active principles contained in natural extracts used in traditional remedies qualify as patentable. According to article 54 (1) and (2) of the European Patent Convention (EPC), an invention shall be considered to be new if it does not form […]
Rejection of the trademark registration “Insomnia Energy” following the application for a declaration of invalidity filed by Monster Energy Co.
Last October 23, the General Court of the European Union refused the figurative trademark registration “Insomnia Energy” on the grounds that the proprietor – BBF Company EOOD – was taking unfair advantage of the reputation of the mark “Monster Energy”, owned by Monster Energy Co. The conflict arose in December 2020 when Monster Energy Co. […]
The invalidity of the trademark “Pierre Cadault”: bad faith in the registration of trademarks
Protecting fictional characters under intellectual property law is crucial given the economic and cultural value they can acquire. An example of this is the trademark “Pierre Cadault”, which monopolizes the name of the main character in Emily in Paris and was contested on the grounds of bad faith. Cancellation decision No. C 64 100 by […]
Careful drafting of a license agreement is essential for ensuring a successful and mutually beneficial licensing partnership
Licensing allows companies to enter new markets, reduce production and distribution costs, and strengthen consumer loyalty. However, the success of any licensing strategy hinges on a well-negotiated agreement that includes legal safeguards, clear responsibilities and protections against misuse of the trademark. In the dynamic world of intellectual property (IP), trademark licensing has emerged as a […]
Cut! There’s a trademark there II: How to avoid surreptitious advertising or illicit product placement
In order for a product to feature lawfully in audiovisual media, the placement must not affect the editorial freedom of the service provider, must not directly encourage the purchase and must be correctly identified. Several years ago, we wrote about the major headaches faced by creative teams in the film industry when using third-party trademarks […]