How to protect your blog’s name as a trademark?

It has been estimated that there are over 500 million blogs. Many of them have large readerships and tremendous commercial value. Like any other services, blogs can be protected with trademarks. Protecting the blog’s name as a trademark brings many benefits. For example, if you protect the name, you may be able to prevent others […]

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Defensive trademark registrations in the EU

Sometimes big companies register trademarks that they do not use or intend to use. The logic is that by doing that, they can enhance the protection their brand has. Is it allowed? What are the risks? Can it be done? What are defensive registrations? Defensive trademarks have two main types. The first type is registering […]

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How to register a descriptive name as a trademark?

It is generally not possible to get exclusive rights to a descriptive name. If the trademark is descriptive, it is not distinctive and cannot be registered (unless it has acquired distinctiveness through use). What are descriptive names? Descriptive names are names that somehow describe the products or services in question, especially: kind (type of goods […]

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Why distinctiveness beats differentiation

The conventional wisdom holds that differentiation is an essential part of marketing and product creation strategy. Differentiate or die. Being different means essentially that your brand is perceived to be meaningfully different from its competitors and is bought because of that difference. Being distinctive, on the other hand, means that your brand stands out and […]

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Can you trademark a QR code?

Can you trademark a QR code? Are QR codes like other figurative elements that can be protected with trademark registration? It is possible to trademark many different types of figurative elements. They can be relatively simple, or very complex. Below are some examples of registered EU trademarks: The basic requirement for registering a trademark is […]

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The end of year trademark checklist

The end of the year is getting closer. This is a good time to review your trademark portfolio to make sure you’re in good IP health when the new year starts. Your product and service names Have you registered your commercial names? Have you released new products or services with new names? Review the names […]

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Can a trademark substitute copyright? The curious case of Banksy

Trademarks and copyrights are different types of intellectual property, though they are often used to complement each other. A while ago, I wrote about the problems Ferrari faced with protecting its iconic Ferrari 250 GTO. Another curious case dealing with the overlap of copyright and trademark has just been decided by the EU trademark office. […]

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Messi turns EU’s top judges into giggling fanboys

Messi turns EU’s top judges into giggling fanboys Lionel Messi has just won an important case in the Court of Justice of the European Union. By accepting Messi’s appeal, the judges ignored well established legal principles, rolled out a red carpet and confirmed that his trademark can be registered despite prior registration. The case itself […]

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