That is the question that was recently answered by the Board of Appeal of the Dutch Advertising Code Authority. The TM symbol stands for “trademark” and is traditionally used for unregistered trademarks in various jurisdictions such as the US. Conversely, the ® symbol is used to indicate a trademark has been registered. However, in the…

In a decision of a Dutch District Court earlier this year[1], the American fast-food chain Wendy’s suffered a loss against a local Dutch snack restaurant, which bears the name WENDY’S. The trademark registration owned by the same snack restaurant blocks the American chain to enter the market. Although this case has similarities with the story…

Being a fashion company is not easy, in two ways. First, you have to be careful what to print on your clothing, even when this is meant as decorative artwork. On the other hand, you have to be watchful that your trademark is not printed on products of competitors, under the pretense of – the…

On 15 July 2016 the PI judge in the District Court in The Hague, the Netherlands, rendered a decision in a banana case between competitors Chiquita and Fyffes International about a recently introduced new brand of Chiquita. The decision confirmed that descriptive elements cannot automatically be disregarded if these elements form a conceptual whole with…

In a recent decision, the Court of Appeal of The Hague concluded that there is a confusing similarity between Lacoste’s device mark consisting of a picture of a crocodile, registered for (among other things) cosmetic products in class 3, and the word mark EAU CROCO for the same products. The case concerned an application by…