What is real
is not external form.



CONSTANTIN BRANCUSI

Very difficult registration of a descriptive trademark

17.05.2018


One of our Clients in the beer industry who sells his products mainly in Hungary has initiated a trademark protection procedure within the European Intellectual Property Office.
The European IP Officers rejected the procedure because the trademark laked distinctiveness and referred to a certain geographical area in Europe. On this criteria, the European IP Office has issued a provisional refusal.

Taking into account their arguments we have formulated the following responses:

  1. First of all, we have demonstrated that our Client’s trademark is distinctive following its intense use and on this issue, we filed evidence that the trademark is known and intensively used through social media and traditional media. Also, we took into consideration the Client’s awards for different products, invoices, vendor lists, and the maps of the areas where the Client sells the products.
  2. Another reason was that the brand name is not associated with its own sense. This is a European trademark and the percentage of Hungarian population is 2%. We were wondering how many Hungarians understand the proper sense of this trademark.
  3. We have conducted a survey at European level, in 5 countries, that demonstrated people did not associate the Hungarian Trademark with a beer product.

Given this arguments, the European IP Office appreciated the merits of the arguments and approved the trademark registration.

03.02.2021

The Real Superpower of Intellectual Property Rights

The world of children is full of stories about superheroes who manage to save the world. Even if the most famous character that comes to mind is Batman, the first superhero comic that was ever published was called Obadiah Oldbuck, a comic book that was very popular during the 1830s. Quickly, this whole context turned ( learn more )

15.01.2021

What color is the right one for your business?

From mid-sixties till present the colors play an extremely strategic role in the companies’ business brand developments. Regarding this, choosing a color when creating a brand is a very significant step. One of our clients, a well-known company which manufactures and supplies adhesives and sealants for professional and private markets, has come to identify its ( learn more )

12.01.2021

Intellectual Property after Brexit era

The new regime imposed by Britain’s exit from the European Union comes with a number of implications from several viewpoints. Even if, from a theoretical viewpoint, the United Kingdom left the European Union on January 31, 2020, a withdrawal agreement worked throughout the year so that all these processes could have a constant pace of ( learn more )