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.
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.
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.
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.
Free-Riding on Taglines - Red Bull … Gives you wings
Taglines are a popular means of communication for companies. But when are they registrable as a trade mark and when can they be infringed?
Advertising with environmental reference – CLIMATE-NEUTRAL
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?
Risk in simple sustainability brands – Strong like Nature
Don’t be lulled into a false sense of security when forming a brand, just because ‘everyone else’ is using the same descriptive terms. What’s important here?
Likelihood of confusion with sustainability brand – FAIR ZONE
Under what conditions can descriptive elements such as FAIR in a composite sustainability brand give rise to a likelihood of confusion?
Protection for sustainability brands ... a game of chance? – SmartBlue
Sustainability-focused brands are attractive. But how can you achieve effective brand protection?
Refresh of descriptive organic brand - Bio MARKT
The word and figurative mark with the new word “Biomarkt” is registered several times as a European Union trade mark. However, after an update of the graphic, its renewed registration failed. Find out why the refresh of a descriptive organic trade mark requires the utmost care and intensive legal examination.