The battle between brands (trademarks) and technology (patents)

Trademarks and patents are both intellectual property assets, but they protect very different things. Patents protect technological inventions – for example, how a product or its feature works, whereas trademarks protect brands, such as product names and logos. They both protect the investments a company does in R&D (innovation -> patents) and marketing (brands -> […]

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Surge in “Covid” trademarks

While the coronavirus crisis has devastated economies around the world and led to a decline in overall economic activity, it has spurred a large number of trademark applications starting with the word “Covid”.  According to data from the EU trademark office’s “TmView” service, here are some basic figures relating to Covid-related trademark applications since the […]

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The challenge of protecting iconic designs – case Ferrari 250 GTO

Ferrari 250 GTO,  produced between 1962 and 1964, is an iconic car. Only 36 cars were ever produced. They are also the most valuable collector cars in the world with a record-breaking sale price of 70 million USD in 2018.  The car has enormous value and goodwill for Ferrari, and there is no question that […]

Read more » trademark in the USA and the EU

The recent decision of the US Supreme Court highlights the challenges of having a brand consisting of a generic name combined with a generic top-level domain. Generic names do not become distinctive trademarks merely by adding a top-level domain name such as .com to them. Such names are still considered non-distinctive and therefore not registrable. […]

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Slogans as trademarks

Slogans can be protected as trademarks. However, in practice it is often the case that a slogan does not meet the requirements for registrability. So what is a good and protectable slogan? Slogans can be extremely powerful communication tools. A good slogan is easy to remember and carry powerful information (real or perceived). Politicians often […]

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“I can’t breathe”. Trademarks and social movements

Recent Black Lives Matter demonstrations have raised the question of whether it is possible to protect social movements’ names or logos with trademarks and try to profit off of them. Another question is, should you? When Derek Chauvin put his knee on the neck of George Floyd on May 25th, 2020, Floyd was captured saying […]

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Brexit and trademarks – brief explanation

Most importantly, nothing has changed as of now. All EU trademarks, including new applications, will include the United Kingdom until the end of the transitional period (which will run until 31 December 2020). At the end of the transitional period, all EU trademarks that have already been registered will be subject to national UK trademark […]

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Is Greta Thunberg’s trademark heading into hot waters?

Swedish activist Greta Thunberg has applied for an EU trademark for her name. It is common for celebrities to trademark their name. For example, Greta Garbo, Ed Sheeran and Lionel Messi are all registered trademarks in the EU. EU trademark GRETA THUNBERG covers, among other services, advertising, business management, business administration, financial, and insurance services. […]

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Can you use another company’s trademark?

Trademark right means that the owner is entitled to prevent others from using the same or a similar trademark with respect to the same or similar products. The Coca-Cola Company, for example, could prevent another soft drink manufacturer from using the trademark Koka-Kola. The most fundamental function of a trademark is to be an indicator […]

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