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.

20.02.2019

What can you do when another business wants to use your trademark

Situations can vary. We have already expressed our opinion in other materials on how we proceed when the trademark our customer wishes to register is already in use on the market. But what happens when the customer is the one that owns the trademark that a competitor wishes to register for the marketed products? The ( learn more )

16.01.2019

A conflict on the East-European market in terms of coexistence

We are currently dealing with a really interesting case where our client, a top company in the field of food supplements, owned by an investment fund from UK, is in the position of not being able to market products on the Bulgarian market due to a local firm which so far has not been interested ( learn more )

12.12.2018

We support a private equity firm from US in its rebranding process

As of July 2018, we are handling a case regarding the banking industry. Our client is a private equity US firm which has completed the acquisition of a subsidiary bank from a giant group in this field. They intend to rebrand the business and step by step to reach the objective to strengthen the Eastern ( learn more )