Areas of Law

Re-filing of brands – MONOPOLY

Re-filing of brands – MONOPOLY

You have trade marks in various countries of the European Union in your brand portfolio. And you would like to maintain the protection of these trade marks at low cost? A ruling of the European Union Court of Justice now provides the basis for all these options.

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Brand for ordinary product shape – Coca-Cola

Brand for ordinary product shape – Coca-Cola

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?

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Brand protection for a test seal – ÖKO-TEST

Brand protection for a test seal – ÖKO-TEST

The ÖKO-TEST seal [ECO-TEST] is protected as an individual trade mark. One manufacturer used the seal without such a licence. The protection of individual trade marks has its limitations when it comes to test seals.

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Bottle shape as a brand – Coca-Cola

Bottle shape as a brand – Coca-Cola

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?

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Prosecution for brand violation despite legal advice

Prosecution for brand violation despite legal advice

You’ve spotted a new sales opportunity for your company. However, in Germany trade mark rights pose an obstacle and so you approach your lawyer for advice on your intended solution. Does this course of action relieve you of your legal obligations, meaning that you can avoid prosecution for trade mark infringement? It is not that simple.

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