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.

18.06.2019

Cosmovici Intellectual Property at this year’s INTA

A large part of our team has been present at the most important IP-event held this year in Boston, in May 2019. Our colleagues have met several partners and colleagues. They have also negotiated, during face-to-face meetings, key aspects of pending deals in the name of our clients. It was also another year when our ( learn more )

10.06.2019

IP due-diligence in the name of a famous US investment-fund

Among our recent large mandates, we are proud to count the IP due-diligence performed in the name of a famous US investment-fund, who just bought a network of private clinics in Eastern-Europe. The focus is not only on the brand itself, but also on additional good-will which can be captured through several assets including websites, ( learn more )

04.06.2019

Assistance of an important Swiss company in the FMCG industry in a patent related case

We represent an important Swiss company in the FMCG industry, in relation to a foreign patent extended to Europe. Our task is to help them in preparing the file able to stop the expansion of the patent to Europe. The difficulty resides in the need to find earlier public documentation, a soft-skill necessary in this ( learn more )