A trademark gives exclusive rights to certain products and services. And not a (complete) monopoly on a name. That’s why sometimes identical trademarks exist for different products or services. A good specification is therefore very important. The specification must be broad enough to cope future products but not too broad in order to minimize risks of conflicts. Some people just relied on the class heading which gave you a certain flexibility. However, after IP Translator that is history.
A situation such as Breitling will therefore becoming less frequent. Breitling, the trademark for exclusive watches, based an opposition against the European trademark Breitling for cigarettes on its International registrations. The registrations were filed for the class heading in class 14, so also for cigarette holders, ashtrays etc. although these products were not specifically mentioned. But products that are similar products in class 34, according EUIPO. Therefore, the opposition was accepted.
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“Merkbescherming geeft vrijheid om te kunnen ondernemen.”