While EU trademark law lacks a precise definition of bad faith, recent case law from the European Court of Justice clarified the interpretation. Aiming for consistency across Europe, a new common approach for IP Offices of EU Member States is introduced to address bad faith in trademark applications: Convergence Program 13 or simply CP13.

There is a current trend towards granting legal personality to nature. The idea is that this makes it possible to grant nature rights that can be explicitly taken into account when decisions are being made, or even enforced on nature’s behalf. This is already happening in Spain, where the Mar Menor lagoon has acquired legal personality. In the Netherlands, a politician has started lobbying to grant rights to Limburg’s hilly landscape.

A Japanese economist by the name of Yoshida recently published a calculation showing that subject to certain conditions and assumptions, everyone in Japan will have Sato as their last name by 2531. Why? Well, Japan is the only country in the world where spouses must have the same last name. Yoshida raised the issue − with success − to draw attention to what he considers to be an outdated law.

Back in the day, trademark applications in bad faith used to be a common occurrence in China, but this amount seems to have declined by recent more stringent Chinese legislation. Western brands stood for quality and status, and what could be easier than copying such established trademarks? Although it was very clear that the parties weren’t the rightful owners of the copied trademark, this still often happened.

Trademark cases can become deeply personal, and a recent Cancellation action before the European Union Intellectual Property Office (EUIPO) regarding the ‘Rubettes’ trademark is a striking example of this. The Rubettes are an English pop/glam rock band that achieved significant success with “Sugar Baby Love.” However, their history since then has been marked by conflicts within the band and legal battles. In 1999, Bill Hurd, one of the original founding members, established a separate band using the name “The Rubettes.” This led to litigation in the United Kingdom between him and Alan Williams (lead singer), which was settled in 2002.

Kwantum, a Dutch retail chain specializing in home furnishings and decorations known for its affordable prices, introduced a new, furry mirror. The ‘Teddy Wave’ mirror, with its wavy shape and soft frame of teddy-bear fabric, bears a suspicious resemblance to exclusive designer mirrors that costs much, much more. A lyrical client shared the tip on her TikTok account, and the video of the mirror was viewed more than a million times within a day.

It sounds like a picaresque novel, a small snack bar in Zeeland hindering a major American fast food chain’s plans to open up in Benelux, but it does show just how important trademark registration can be. If Wendy’s snack bar had not been registered in Benelux, it would never have had the power to exclude American Wendy’s from the region.

Obelix, Asterix’s best friend, is one of the main characters in the Asterix comic books. The Asterix & Obelix series is popular all over the world and has been translated into many languages. There is a huge range of Asterix merchandise: mugs, bags and wigs to name a few. There’s even an Asterix theme park in France. We’ll start with a spoiler: the fate of our comic hero Obelix takes a turn for the worse in this blog.

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.

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.

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

There was a time in the European Union when all you had to do to register a descriptive word as a trademark was to add a minimal graphic element, but those days are long gone. Nowadays, the more descriptive a word, the stronger the graphic element must be; using a simple font or basic shape alone is insufficient to provide the necessary distinctiveness to a descriptive word.

Pokémon has been having a tough time lately. As a popular game brand that is well-known all over the world, it naturally has a significant fan base. Unfortunately, some of those fans turned out to be free riders. News recently broke that the game Palword was some kind of A.I. rip off (meaning a possible copyright infringement). As if this were not enough, Pokémon has also had to defend its trademark rights. Fortunately for Pokémon, the opposition proceedings before the European Trademarks Office were a walk in the park, given that the best name the opposing party ─ a Chinese company ─ had been able to come up with was ‘Pokemo’.

‘Johnny Johnny, Yes Papa’ is a familiar phenomenon to many people. This children’s song is about a little boy called Johnny, whose father catches him eating sugar, even though he is not allowed to. There are many different versions of the children’s song, each with a different theme.

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.

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.

Vincent van Gogh spent his life in various places in Europe. He lived in Paris and London as an art dealer, and made most of his artworks in Brabant and France.

Some victories come at such a high price that it would be more accurate to describe them as a tactical defeat. If you know your classics, you will have heard the term ‘Pyrrhic victory’.

All wrapped up: trademark protection for distinctive packaging

Many types of trademark elements can be protected nowadays, including names, logos, shapes, colours, sounds, moving images, short films and position trademarks.

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