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.

03.12.2020

Cease and desist letter- checked

With the help of a cease and desist letter, we managed to negotiate with the owner of a new trademark regarding the waiver of this, in order to protect our client’s trademark portfolio. This kind of letter is made in order to stop certain actions setted up in deadlines. The whole procedure took place between ( learn more )

20.11.2020

How can we support the development of the neurological industry?

Thanks to our client, the neurology product research and development industry continues to grow. In this sense, we have managed to obtain the registration of an innovative method in the neurological medical technology industry. The entire process has been examined and accepted by the European Patent Office. We are more than happy to see the ( learn more )

10.11.2020

Website Functionality and Layout

For businesses that operate online, maintaining a website that’s informative, easy to use, and free of any intellectual property right infringement is extremely important. After all, the value of many online businesses is affected by two main factors: turnover/profit, and the value of the intellectual property rights it owns or controls. There are a number ( learn more )