Had as defense that the brand is completely descriptive and therefore null and void. For example, a butcher cannot monopolize ‘butcher’ by registering it as a trademark. That is why Wijkopenauto’s had already start a procedure with the Benelux trademark office to have the brand destroy. The judge did not want to hear anything about nullity.

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He may only assume nullity if it is reasonably certain that the Benelux office will destroy the trademark. That was not so certain, according to the judge. After registration, an assessment is already made by the Benelux Kenya WhatsApp Number List office. Also read: Measuring = knowing: this is how you make your brand top of mind In addition, the descriptive terms had been use so often since the start of use in 2006 that, according to the court, the public did see it as a trademark.

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And then words that usually cannot be trademarks can still be registere as trademarks. Lawyers call this phenomenon ‘integration’. There was no time in summary proceedings to assess all kinds of market surveys about whether or not to integrate. So the judge assume a valid trademark. And there was also infringement of that trademark: there was a likelihood of confusion.

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