The General Court of the Court of Justice of the European Union has ruled that German sporting goods manufacturer Adidas (HQ: Herzogenaurach, Germany) may oppose the registration of EU trade mark applications depicting two parallel stripes on shoes, affirming earlier decisions by the European Union Intellectual Property Office (EUIPO).
The general advice has always been sound – “Apply for trade mark protection if your brand is important to your business”.
Trade Mark Attorneys, Lawyers including Solicitors and legal practitioners alike seem to have repeated this mantra often, and rightly so.
Trade marks are territorial rights and a UK trade mark will neither protect the same mark in the US nor in Germany. Some businesses tend to forget to revisit their trade mark requirement when they expand from their home market to overseas markets, with devastating consequences.