Special events or festivals often facilitate the sale of products made specifically for those celebrations. Do lesser requirements, in terms of genuine use, apply to event marks because the products can only be sold during certain periods of time?
Brands are an important asset for any company. However, if the branded goods are no longer produced, does the brand become something other people can freely use, and is all the previous hard work in building up the reputation lost? What must be done to legally preserve such trade marks?
In practice, trade marks are often registered for a broad generic term of goods or services. However, in reality use may only apply to a single product or service covered by the generic term. Might a trade mark lose its commercial justification as a result and could it even be revoked?
A ‘brand that speaks for itself’ is the gold standard of brand development. Such a ‘suggestive’ mark communicates its message from the outset, simply, without the need for elaborate content. Very often, however, such brand words consist only of slightly modified descriptions of the products encompassed by the brand – and this can indicate trouble further down the line.
The word and figurative mark with the new word “Biomarkt” is registered several times as a European Union trade mark. However, after an update of the graphic, its renewed registration failed. Find out why the refresh of a descriptive organic trade mark requires the utmost care and intensive legal examination.
You want to draw attention to the sustainability or exceptional quality of your products or services by means of a quality mark that may only be used with your consent? Be careful if you hope to achieve this via a trade mark.
Do not jeopardise your brand by using it incorrectly on the packaging.