Read and enjoy the latest about the fascinating world of trademarks here. The latest on developments in the field of trademark rights, including background information, relevant cases and videos about a range of trademark topics can be found in our Thinktank.

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UNHAPPY SMILEY

Did you know that the word SMILEY is a trademark, as well as the Smiley emoticon? These cheerful trademarks were registered by The Smiley Company, a company that issues licenses for the Smiley trademark for a wide range of products including shirts, shoes and food, illustrating that licensing can serve as a revenue model.

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SUPERDRY: not quite so super when it comes to trademark registration

When is a name truly descriptive from a legal standpoint, rendering it ineligible for registration? The British clothing brand SUPERDRY, known for its vintage Americana style with Japanese graphics, recently found out. The European Trademark Office rejected the SUPERDRY trademark for most of the products and services for which the application was filed. The Office ruled that SUPERDRY means 'remarkably free of moisture’ and is descriptive, thus lacking distinctiveness.

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The god of travelers and thieves

Exclusive, expensive, coveted. Words that aptly describe the products of the Hermès brand. This fashion house is particularly renowned for its handbags (the Birkin bag being a prime example) and scarves. Luxury goods with a luxurious appeal. It's imperative that the exclusivity and reputation of the brand must be fiercely protected.

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Rihanna's Instagram post throws a spanner in the works: Puma’s 'Creeper' shoe is no longer a design registration

Puma registered the design of its Creeper shoe in 2016 with a view to obtaining the exclusive rights to it. J van Hilst (HJVH) scuppered their plans by filing a revocation action claiming that the Creeper shoe did not meet the novelty requirement because Rihanna had worn an identical design in an Instagram photo taken a year earlier. By law, any design application must be both novel and must differ in overall impression from other designs in the market. The novelty requirement stipulates that the design, or a closely similar one, must not have been made public on the date of the application

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Terrexit? Arc’teryx obstacle for Adidas ‘Terrex’

Adidas is a world-famous sports and leisure brand, whose logo features on almost all of its products. Adidas also has several sub-brands, such as 'Terrex', which was launched to sell the company’s outdoor product range.

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Doritos brand collab

When someone says ‘Doritos’, you automatically think of crunchy, cheesy nachos. How about a Doritos flavoured drink? Empirical, a spirits company, came up with the idea and did some experimentation. The result is a liqueur that smells and tastes exactly like nachos. It’s supposed to be delicious.

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