Most people recognize companies or products from the name or logo. The traditional trademarks. But nowadays you have to put more effort in order to stand out. So, non traditional distinctive elements are introduced, for example the red soles of Louboutin but even shapes of bottles, the blue/white motif of Hästens .
However, while some elements are quite distinctive, these elements are quite difficult to protect by means of trademark registrations. Partly because these marks are often only accepted after evidence of acquired distinctiveness. On the other hand, some distinctive elements cannot be translated into a registration. For example, the motif of Hästens? Very distinctive, however, this motif recurs each time in a different way. How do you register this trademark?
Hästens has filed a (square) device of the motif. Against this registration a revocation request has been filed, probably with the idea that the mark has not been used as registered. Hästens did not want to risk a negative ruling and did not file the evidence. They have chosen a different path: a new application. Clever? The question is whether this request is not seen as an application in bad faith. After all, the same mark is applied in order to circumvent the use requirements. Interesting matter, as it does not seem that Hästens can go happily to sleep.
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