The European General Court (EGC) decided that the trademark “GLAMOUR” cannot be registered as Community Trademark because there is likelihood of confusion to the older trademark “TUDOR GLAMOUR” (Case T-1/13 dated July 4, 2014). Introduction Likelihood of confusion is based on the risk that the average consumers could assume that the relevant goods and services derive from the same or connected companies. Therefore, various factors need to be taken into account. On the one hand side, the specific goods and services of the applied for mark and the earlier sign need to be evaluated. On the other hand, the script, sound and meaning of the two trademarks have to be compared. Background of the Case and Subject Matter Read more about Glamour vs. Glamour Tudor

The European General Court (EGC) decided that “JUNGBORN” cannot be registered because there is likelihood of confusion to the older German trademark “BORN” (Case T-401/12, July 11, 2014). Introduction Likelihood of confusion is assessed on the basis of if there is a high risk that the targeted consumers must assume that the relevant goods and services derive from the same or connected companies. Therefore, various factors need to be taken into account. On the one hand side, the specific goods and services of the applied for mark and the earlier sign need to be evaluated. On the other hand, the script, sound and meaning of the two trademarks have to be compared. Background of the Case and Subject Matter Read more about JUNGBORN vs. BORN – Trademark Dispute for Gourmet Foods

The question if and which slogans and claims can receive trademark protection is topic of a lot of disputes in Germany and throughout the European Union. Introduction The protection of slogans is very interesting for brand owners, because slogans are a key element in advertising. The consumers identify themselves with the slogans or associate a slogan with certain products and services. Therefore, slogans are eye catchers and indirectly help to encourage people to choose certain goods or services over others. In principle, slogans can be protected as trademarks. However, many applications fail if they are purely descriptive or lack distinctiveness. Examples Read more about Trademark Protection for Slogans and Claims