Relevant

Badly thought-out list of goods? – Gufic

Badly thought-out list of goods? – Gufic

Are there any issues to consider when drawing up a list of goods that a trade mark is intended to cover? Surely cosmetics are cosmetics! Food supplements are food supplements! And medicines are just medicines! If a trade mark is genuinely used for these products, could it still be subject to revocation on the grounds of non-use in relation to a different classification of goods?… For example, if the use of a mark for food supplements is in fact a use for pharmaceuticals? Ensure you consider carefully the list of goods covered by your trade mark!

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The cost of a trade mark infringement via advertising? – LAYHER

The cost of a trade mark infringement via advertising? – LAYHER

There may be a number reasons for mentioning a third party’s trade mark in your own advertising. But be careful that such advertising cannot be mistaken for that of the trade mark owner. It is also important not to mislead people about the nature of your business relationship with the trade mark owner. It is helpful to know how damages are quantified in such cases.

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Difference is crucial – HYLO

Difference is crucial – HYLO

When formulating a new brand, developers often modify the terms of certain significant features of a product or ingredient, with this modification resulting in a new word. It is no longer simply descriptive, as would be the case if the original word was used, and it can therefore be registered as a trade mark. Problems arise when competitors have already had the same idea! Especially if they have a prior trade mark using the same or similar content. So what can one do, in this situation, to avoid getting into trouble later on? An unpublished decision of the Oberlandesgericht München (Munich Higher Regional Court), obtained by the author, provides important guidance.

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Is it worth investing in weak brands? – Vegan

Is it worth investing in weak brands? – Vegan

Any company can opt to use a weak mark that directly highlights the special characteristics of its products or services, though such a mark may well be denied registration, because it is considered merely descriptive of products or services. But if it does make it into the trade mark register, it cannot be denied protection altogether. So is it worth taking the chance and investing in weak brands?

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Misleading Environmental Claims – climate neutral and environmentally neutral

Misleading Environmental Claims – climate neutral and environmentally neutral

Climate/environmental neutrality are advertising buzzwords used to express the environmental credentials of a company. They can be found in advertisements as well as on the products themselves. Whether and when such claims are exaggerated and may mislead consumers is currently being clarified by the courts. A status update is therefore in order.

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Brand using environmental slogan – We are climate-neutralising Berlin

Brand using environmental slogan – We are climate-neutralising Berlin

Uniqueness and memorability are the benchmark for environmental slogans. It is not easy to achieve this, but when the environmental slogan works, it communicates in a way that is hard to beat. And if it can do so exclusively, it becomes part of that brand. Stadtwerke Berlin [Municipal Utilities Berlin] believed it was home and dry with its slogan. And rightly so?

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Free for all or just for Munich – OKTOBERFEST

Free for all or just for Munich – OKTOBERFEST

There are 2,054 folk festivals in the world called OKTOBERFEST. The oldest, largest and most famous is, of course, the Oktoberfest in Munich. So it is understandable that the city wanted to trade-mark the name of its own festival within the European Union. However, many other organisers have seen this as a threat to the identical names of their own festivals, leading them to fight the registration of the trade mark for Munich. Have they been successful?

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Protective lifestyle brand? – BACK-2-NATURE

Protective lifestyle brand? – BACK-2-NATURE

Developing a protectable lifestyle brand is not easy. On the one hand, it should convey a clear message that benefits the company. On the other hand, it should be able to be protected as a trade mark. In practice, it is a balancing act! The case below provides some guidance.

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Increasing sales through cultural brands? – NEUSCHWANSTEIN

Increasing sales through cultural brands? – NEUSCHWANSTEIN

A cultural institution may try to position its unique structure as a cultural brand within the framework of cultural marketing. Strong cultural brands attract a lot of attention and engender particularly positive images. Customers, business partners and sponsors can form a quick connection with such brands and images. Is it possible to harness the power of cultural brands for the benefit of a variety of businesses?

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Trademark protection for colours? – OFF-WHITE

Trademark protection for colours? – OFF-WHITE

It is not unusual for a company to develop a trademark that contains references to its product or service. However, in order to be protected, trademarks must not contain an inherently intelligible description of the essential characteristics of those goods or services. So what might these characteristics comprise?

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