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?
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.
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.
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.
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.
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.
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.
Taglines are a popular means of communication for companies. But when are they registrable as a trade mark and when can they be infringed?
A symbol of a company’s green credentials can attract customers. Under what circumstances could such terms be used in advertising? And can they be protected as a trademark?
Under what conditions can descriptive elements such as FAIR in a composite sustainability brand give rise to a likelihood of confusion?