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Good reputation of a trademark

They say that “You can’t buy a good reputation, you must earn it”… however this is not the whole truth

The advertising of tobacco and tobacco products has been prohibited in Belgium (Benelux?), at least with a few exceptions since 1999 and since 2021 altogether. Nonetheless, smoker or not, the public is quite familiar with the Marlboro brand which includes the “red rooftop” that is omnipresent on its packaging. And since the Marlboro-marks have a reputation, third parties should think twice before applying these on a product, whether these are cigarettes or something different entirely.

Indeed, a reputed trademark grants protection for identical and similar goods or services, but also for dissimilar goods or services. Provided that the signs are identical or similar, the earlier mark enjoys a reputation, and the use of the trademark applied for takes unfair advantage of, or is detrimental to, the distinctive character or reputation of the reputed mark without due cause. In this case, the owner of such a trademark can take actions, as shown below…

Can a pattern on a bus be protected as a trademark?

Can a pattern on a bus be protected as a trademark? An assessment of the distinctive character of non-traditional marks

A sign used in trade to identify the origin of products or services can consist of a ‘traditional’ word or figurative mark, on the one hand, or can have ‘non-traditional’ representation such as color, sound, multimedia or the position of visual element, on the other.
Nowadays, most IP Offices in the EU Member States are more lenient to accepting such non-traditional marks for registration. However as before, to be eligible for trademark registration, a sign must meet the requirement of distinctiveness.

The protection of modern databases under the sui generis database right

The protection of modern databases under the sui generis database right

Our digital economy has become more and more data driven. Databases today are increasingly generated and verified with the means of machines, sensors and other new technologies, for example Artificial Intelligence or the Internet of Things (“IoT”). In order to secure the competitiveness of digital sectors and markets there are legislative initiatives on a European level to guarantee the free-flow of data, such as the Data Act Proposal of the European Commission of 23 February 2022. This is a difficult task because of the existing legal framework in relation to the protection of certain types of data contained in databases, specifically under the so-called “sui generis right” of the maker of the database.

human rights is ip rights

Did you know that IP rights are recognized as human rights?

Article 27.2 of the Universal Declaration of Human Rights states the following: “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.”

The protection of intellectual property is essential to furthering innovation on a global scale. Without protection of ideas, inventions, products and services (and the ability to enforce those rights), individuals as well as businesses would most likely focus less on research and development.

Cloned trademark rights

Replacement – a way to get your cloned trademark rights in the UK covered by your international registration?

Since 1 January 2021, EU trademarks (EUTMs) are no longer protected trademarks in the UK due to Brexit. In light hereof, the UK IPO created a comparable UK trade mark for all right holders with an existing EUTM. Consequently, you might now have 2 national UK trademarks. One comparable UK trade mark and an international trademark registration designating the UK. To solve this duality, the old principle of replacement comes into play, but is this effective? Is replacement useful? What are the advantages and disadvantages of this principle?

metaverse domains

Metaverse Domains: Both a virtue and a vice for trademarks owners

You must have been living on Mars lately to not know that the metaverse is the next best thing. One can give several definitions to the metaverse, but – simply put – it is a network of interconnected 3D virtual spaces in which users can interact with each other via avatars. The fun thing about such a metaverse world, is that people can experience things which cannot be experienced, our which are at least more difficult to experience, in the real world. Via the metaverse you can for example walk across the Great Wall of China with one simple click of your mouse while doing the same thing in real life will cost more effort and money.

NFT

Did you know an updated IP portfolio is critical for NFTs ?

In 2021, Collins dictionary chose NFT (Non-Fungible Token) as the “word of the year”. While you might have heard about the person who paid $69 million for a video by Beeple, or Mr. Jack Dorsey (the founder of Twitter), who sold the first tweet for just under $3 million through NFT’s, most business and brand owners are still oblivious as to what an NFT is and how important it can be for your IP portfolio.

World IP Day 2022

𝐓𝐡𝐢𝐬 𝐲𝐞𝐚𝐫 𝐰𝐞 𝐚𝐫𝐞 𝐜𝐞𝐥𝐞𝐛𝐫𝐚𝐭𝐢𝐧𝐠 𝐈𝐏 𝐚𝐧𝐝 𝐘𝐨𝐮𝐭𝐡: 𝐈𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐧𝐠 𝐟𝐨𝐫 𝐚 𝐁𝐞𝐭𝐭𝐞𝐫 𝐅𝐮𝐭𝐮𝐫𝐞. 𝐓𝐡𝐞𝐫𝐞𝐟𝐨𝐫𝐞 𝐰𝐞 𝐡𝐚𝐯𝐞 𝐝𝐞𝐜𝐢𝐝𝐞𝐝 𝐭𝐨 𝐡𝐢𝐠𝐡𝐥𝐢𝐠𝐡𝐭 𝐬𝐨𝐦𝐞 𝐫𝐞𝐦𝐚𝐫𝐤𝐚𝐛𝐥𝐞 𝐢𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐨𝐧𝐬 𝐟𝐫𝐨𝐦 𝐲𝐨𝐮𝐧𝐠 𝐞𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫𝐬 𝐰𝐡𝐨 𝐡𝐚𝐯𝐞 𝐜𝐡𝐨𝐬𝐞𝐧 𝐆𝐄𝐕𝐄𝐑𝐒 𝐭𝐨 𝐩𝐫𝐨𝐭𝐞𝐜𝐭 𝐭𝐡𝐞𝐢𝐫 𝐚𝐬𝐬𝐞𝐭𝐬. 

Influencers and brand owners: handling wrongful use and the art of letting go

Our consuming society is globally shifting to social media and online marketplaces. This trend has created incredible opportunities for some, and significant losses for others. The traditional mediums for advertising, such as print, radio and television, are losing significant traction to digital spaces. Brand owners are trying to catch the wave by finding new ways to connect with the younger demographic audience. As such, the demands to enhance desirability of brands and deliver products to targeted demographics is growing rapidly and, in turn, brands are hiring the services of social media influencers.