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.

15.01.2020

Why is the field of intellectual property in close connection with technology?

In today’s modern society the importance of technology is becoming crucial. People are carrying out more and more of their daily activities on electronic devices. We all know that as these technologies evolve, the devices are increasingly present in many areas of our lives. Example of these changes can be observed in products such as ( learn more )

14.01.2020

Another success registered for sports lovers

We have assisted our client in overcoming a refusal issued by EUIPO against our client’s trademark representing the name of a famous sport competition which will be hosted next year in Switzerland. The examiner claimed as a main ground of refusal the lack of trademark distinctiveness. However, we have succeeding in obtaining the registration of ( learn more )

10.01.2020

Pirated online content against the new Swiss copyright law

As of recently, Switzerland is trying to sort all of their copyrighting problems out by bringing intellectual property protection into the digital era. This initiative aims to promote the elimination of the country from a list of copyright protection watchlist in the United States. This new adopted law is focused on hosting providers with the ( learn more )