Relevant

Deception from GM label? – Without genetic engineering

Deception from GM label? – Without genetic engineering

Consumers should be able to tell immediately whether the food they are eating is genetically modified. The German Federal Ministry of Food and Agriculture has therefore developed a dedicated GMO-free label, intended to identify the products bearing it as GMO-free. In the meantime, every fifth litre of milk from Bavaria is labelled as being ‘without genetic engineering’. But is the seal, as a trademark, protectable or not? Could it potentially deceive the consumer?

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Likelihood of confusion due to ‘powerword’ ? – Gourmet

Likelihood of confusion due to ‘powerword’ ? – Gourmet

Signs that use the term ‘gourmet’ are very popular in relation to food products, not least because they indicate a higher-quality item. However, as an EU trademark, these signs have already been refused 50 times – because they are classed as advertising material only. They praise one’s own products, but they do not indicate the product’s origin as coming from a specific company.

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Likelihood of confusion arising from intuitive assessment – Levi 501

Likelihood of confusion arising from intuitive assessment – Levi 501

In practice, trademark development is often carried out without due regard to the legally relevant criteria used to judge the likelihood of confusion with prior marks. This frequently leads to great disappointment and not infrequently to considerable damage. This is reason enough to take a brief look at some of these aspects.

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Protectability from a trademark through use – BIO-BEAUTÉ

Protectability from a trademark through use – BIO-BEAUTÉ

Designations that describe products or services in some way are not classed as distinctive, as is well known, and therefore cannot be registered as a trademark. However, it is possible to overcome this obstacle to protection – provided the designation has acquired distinctive character before it is registered. What exactly must be done to achieve protectability from a trademark through use?

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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?

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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.

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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?

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