Trade Mark Law

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

Marketing through architectural brand – Museum Katowice

Marketing through architectural brand – Museum Katowice

A uniquely designed building often has a particular architectural attraction, even charisma. It can represent a specific organisation or company in a way other marketing tools cannot and can contribute significantly to their image. Despite this, and the relatively little effort involved in using architecture in this way, such opportunities are still infrequently taken advantage of. Business owners and managers are encouraged to consider in this brand blog the conditions under which such architecture could be secured as a marketing instrument and protected as a brand.

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

Blocking an illegal foreign website – DNS block

Blocking an illegal foreign website – DNS block

The internet makes it easy to sell trade mark-infringing pirated goods. Taking action against this is often extremely difficult, especially in the case of foreign involvement. Blocking a domain name is the simplest way to prevent access to illegal websites via that name. When can this remedy be used? A case from copyright law provides some clarification. It is also relevant for trade mark law.

Please read on

Protection of environmental slogan? – Sustainability through Quality

Protection of environmental slogan? – Sustainability through Quality

A great environmental slogan as part of one’s brand can be a game changer. Ultimately, it helps the general public remember a company’s core message about its products or services. However, one can also encounter limitations when attempting to build such a brand monopoly.

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

Genuine use of a slogan as trade mark – THINK DIFFERENT

Genuine use of a slogan as trade mark – THINK DIFFERENT

Catchy slogans are popular marketing tools for products and services. They are therefore often protected as trade marks. However, the greater their advertising impact, the stricter the requirements for their genuine use. Read what Apple had to learn in this context.

Please read on

Semblance of a certification mark – EM QUALITY CERTIFIED

Semblance of a certification mark – EM QUALITY CERTIFIED

Certification marks, a concept introduced in the European Union on 1 October 2017, are intended in and of themselves, as a way to indicate the quality guarantee of a product. Attempting to do this – communicate the quality guarantee for a product – by using an individual trade mark instead, is a risky undertaking.

Please read on

Battle for an eco-brand – PRIMA KLIMA

Battle for an eco-brand – PRIMA KLIMA

Eco-brands often consist of several elements that are immediately recognisable. However, one should be wary of relying solely on such a combination. Further steps may well be necessary so the brand does not hit the rocks at a later date.

Please read on