genuine use

Brand use in the product development phase? – Boswelan

Brand use in the product development phase? – Boswelan

A common way for a company to get rid of troublesome trade mark registrations by a potential competitor is to file for cancellation on the basis of non-use. This situation can prove particularly dangerous for companies that are in the process of developing the product for which the mark is intended. In such cases, how can genuine use of the mark be demonstrated in the product development phase? Alternatively, when is non-use justified so that the trade mark cannot be cancelled? This issue is relevant not only to new trade mark applications, but also to the acquisition of existing trade marks for a future product.

Please read on

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!

Please read on

Event mark: Deletion due to non-use – HALLOWIENER

Event mark: Deletion due to non-use – HALLOWIENER

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?

Please read on

Brand preservation after ceasing production – TESTAROSSA

Brand preservation after ceasing production – TESTAROSSA

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?

Please read on

Revocation with a broad generic term of goods – Walzertraum

Revocation with a broad generic term of goods – Walzertraum

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?

Please read on

Damage caused by defects in ‘suggestive’ mark – CYSTUS

Damage caused by defects in ‘suggestive’ mark – CYSTUS

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.

Please read on

Refresh of descriptive organic brand – Bio MARKT

Refresh of descriptive organic brand – Bio MARKT

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.

Please read on

Trademark protection for special quality? – Quality mark

Trademark protection for special quality? – Quality mark

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.

Please read on