legal departements

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?

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?

Under what conditions can descriptive elements such as FAIR in a composite sustainability brand give rise to a likelihood of confusion?

Sustainability-focused brands are attractive. But how can you achieve effective brand protection?

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.