Category: Trademarks
Can an advertising slogan function as a trademark?
The General Court of the European Union recently refused to allow registration of the “BECAUSE THERE IS NO PLANET B” mark for cosmetic products, stationery and other accessories, holding that it lacked the distinctive character required for the general public to identify it as a trademark. One of the essential functions of a trademark is […]
Fresh blow to counterfeiters: they will have to indemnify trademark owners for moral damage, even if they have not sold the counterfeit products
For the first time, the Supreme Court’s criminal chamber has upheld the existence of indemnifiable moral damage where there has been no actual sale of counterfeit products; an issue which, until now, has not escaped dispute. A Supreme Court ruling last 13 July establishes that the mere possession of counterfeit products and their display for […]
Statement of use of a trademark: a requirement in the USA that does not exist in the EU
The use of a trademark is crucial to preserve the rights in the mark. However, whereas in the US the statement of use is essential to maintain the registration, in the EU, it does not exist. Let’s take a look. The registration of a trademark grants the exclusive right to use a particular sign to […]
Cultural appropriation: are there legal mechanisms to stop this from an intellectual property standpoint?
Trying to provide effective, balanced and adequate protection of traditional cultural expressions and recognizing the intellectual property rights that local communities and indigenous peoples hold with regard to those expressions pose a real challenge in legal terms. It is common knowledge that using a trademark, a patent or a design of another business may cause […]
Shape up your mark: the intricacies of protecting the appearance of a product as a trademark
Is your product different? Does it have a unique shape that sets it apart from competitors? If so, perhaps you want to think about protecting that particular shape as a trademark. It is an effective strategy for companies that want to stand out in a saturated market. Although the procedure to register a product’s shape […]
How do you register an international trademark?
The Madrid System to register international trademarks is governed by the Madrid Agreement (1891) and the Madrid Protocol (1989) and is administered by the World Intellectual Property Organization(WIPO) located in Geneva, Switzerland. This system offers the owner of a trademark in one of the member States the possibility of extending protection of the mark to […]