Downloads

  • Enforcement of jointly owned trade marks

    It goes without saying that the protection of one’s intellectual property is of great importance, but how does that work in the case of a joint ownership of a trade mark?
    Even if it is owned by different persons, the trade mark will still be used in commerce to distinguish…

  • IP protection in French Polynesia

    A French trade mark is valid in the overseas departments and territories (called DROM), namely Martinique, Guadeloupe, French Guiana, Reunion and Mayotte as well as the overseas communities (called COM), namely Wallis and Futuna, New Caledonia, Saint-Barthélemy, Saint- Martin and Saint Pierre and Miquelon.
    However, since organic law number…

  • Descriptive, generic or necessary?

    The holder of mark “BUCKFAST” registered in 1981 for goods and services related to beekeeping sued for infringement a beekeeper who had published ads offering to sell hives with bees "BUCKFAST". At first trial and in appeal, the beekeeper was condemned.

    The case was brought before the Supreme Court which…

  • National search reports before the Belgian Patent Office (OPRI) or how to save money…

    Filing a Belgian patent application presents several major advantages. Indeed, filing a Belgian patent application only involves the payment of a very low filing fee (50€) and of a search fee (300€), these two fees being sufficient to assuredly obtain, after only a formal examination, a granted Belgian patent within…

  • Remarkable.eu domain transferred

    An arbitration panel has transferred the domain name remarkable.eu back to the Belgian company Remarkable Europe.
    The Prague-based Czech Arbitration Court (CAC) is an independent body selected by EURid to handle alternative dispute resolution (ADR) proceedings on .eu domain names.
    Remarkable Europe had owned the domain name remarkable.eu…

  • In a rush for the TMCH? The Benelux to the rescue!

    With the arrival of over 1400 new generic Top Level Domain names (gTLD’s), such as .energy or .legal, a system had to be developed in order to provide trade mark holders worldwide with the opportunity to register their trade mark under one or more new gTLD’s as a domain name…

  • Belgian Power of Attorney - Trademarks and Designs

    This Power of Attorney is downloadable here.

     

  • The role and means of action of French customs against infringement

    Following a question of a deputy, the French government has recently made a summary of the actions and powers of French customs against infringement.

    In 2011, 8,9 million infringing articles (cigarettes not included) have been seized by French customs, against 6,2 million in 2010. This is not only…

  • Marks that use Swiss flag ruled invalid

    On September 5 2012 the Court of Gravenhage in the Netherlands issued its decision in a procedure between amongst others Recticel, a Swiss manufacturer of beds and mattresses, and Swiss Sense, a Dutch company in the same sector.

    Recticel opposed the registration of several trade marks…

  • France reacts to plain packaging proposals

    As from December 1st, Australia will adopt the plain packaging for tobacco products - a standardised packaging on which is apposed the trademark in standard size, font and place, with no logo no colour. The aim is to knock out the attractive appearance of the packaging, supposedly reminding the “glamorous”…