Trade marks are often re-filed. The new brand maintains trade mark protection without the obligation to prove use of it for a period of five years. The General Court of the European Union has now thrown this practice of re-filing into doubt in some circumstances.
Is the import of counterfeit Hugo Boss shirts from Turkey still illegal if the Hugo Boss trade mark is camouflaged by a label bearing the name Mio Calvino on importation?
Coca-Cola wanted to extend the protection of its well-known beverage bottle, protected as an EU trade mark, and applied for a simpler bottle shape. Can a three-dimensional shape be registered as an EU trade mark even if it has a common design?
A variation of the famous protected Coca-Cola bottle was registered as a three-dimensional trade mark. Why was it possible for this shape of product be protected as a trade mark?
In addition to time-limited patent protection, can indefinite trade mark protection be sought for the product shape of the Global Yoshikin knives?
Have you registered the shape of a technically sophisticated product, such as the Rubik’s Cube, as a trade mark? Then check again whether the trade mark is really protectable.
Your product has an extraordinary design and a special technical function. The Gömbök is such a product. Is trade mark protection for such products easy to achieve?
A particularly attractive opportunity, economically, in terms of trademark law is the registration of a trade mark for a product shape. This was precisely the basis of protection for the well-known Gardena hose syringes and their particular coloured shape. However, over the course of time Gardena had changed the colours of this trademarked product. Did it therefore have to accept that its protection had lapsed due to non-use?
Do you want to communicate the sustainability of your products and highlight them with a catchy eco brand exclusive to your company? Then you should be aware of the conditions for the protection of such an eco trade mark.
The case: The opportunity for a seller to have their goods, which are being sold via a marketplace operator, stored by that same operator is of great benefit. The Amazon Marketplace service is advertised thus: ‘Try fulfillment by Amazon now and get free shipping to an Amazon fulfillment center, free storage, free removals, and free return processing with the FBA New Selection program (conditions apply) …’