BENELUX EXTRA CASES trademarks Flashcards
(9 cards)
Q (Front):
A small Belgian startup registers the name “SmartSoda” for soft drinks. Six months later, a Dutch company objects — it already owns “SmartSoda” for soda cans.
👉 Who wins?
Issue: Conflict between two similar trademarks.
Rule: Article 2.3 – Earlier similar marks for same goods can oppose later ones.
Application: Dutch company registered first for similar goods (soda), confusion likely.
Conclusion: ✅ Dutch company wins – Belgian mark should be refused.
A company registers a trademark for “EcoBottle”, but never sells anything under that name for 6 years.
👉 Can someone cancel their trademark?
Issue: Non-use of a registered trademark
Rule: Article 2.26(2)(a) – Lapse after 5 years of no genuine use
Application: Trademark unused for over 5 years – no justifiable reason
Conclusion: ✅ Yes – it can be declared lapsed.
A Luxembourg firm registers “Golden Burger” for its restaurant, but the name is also used by a Dutch family business for 20+ years, unregistered.
👉 Can the Dutch business challenge it?
Issue: Conflict with prior local use
Rule: Article 2.23(2) – Prior local rights can override a registration
Application: Dutch business used it locally and continuously
Conclusion: ✅ Yes – local prior use gives protection in its region.
A perfume brand registers the bottle’s unique curved shape as a trademark. Can it be protected?
Issue: Can shapes be trademarks?
Rule: Article 2.1(1)(2) – Shapes can be marks, but not if they result from function or value
Application: If shape is decorative and not functional – okay
Conclusion: ✅ Allowed if it’s not the shape that gives the perfume value or function.
Q (Front):
A Belgian company files “SilkLux” for bed linens. A French firm already uses “SilkDelux” for the same products.
👉 Can the French firm oppose?
Issue: Similarity and confusion between marks
Rule: Article 2.14 & 2.3(b) – Likelihood of confusion = valid opposition
Application: SilkLux vs SilkDelux – visual and phonetic similarity
Conclusion: ✅ Yes – opposition likely to succeed.
A firm uses “Zero+” in Benelux for energy drinks. Another company, seeing this, quickly files for the trademark without telling the original firm.
👉 Is that allowed?
Issue: Bad faith filing
Rule: Article 2.4(f) – Can’t register in bad faith (e.g. copying known brand)
Application: New filing was aware of existing use
Conclusion: ❌ Not allowed – registration can be invalidated.
A famous chocolate brand “ChocoLux” is copied by a startup selling phone cases called “ChocoLux”.
👉 Is that allowed since it’s not chocolate?
Issue: Use of famous trademark on unrelated goods
Rule: Article 2.3(c) & 2.20(1)(c) – Reputation marks get extra protection
Application: Use of a famous name, even in unrelated field, can damage brand
Conclusion: ❌ No – it takes unfair advantage of the reputation.
A company registers “BioFresh” but only for exporting to Brazil. No products are sold in Benelux.
👉 Does it count as use?
Issue: Export-only trademark use
Rule: Article 2.26(3)(b) – Use for export counts
Application: Goods with the mark were used commercially for export
Conclusion: ✅ Yes – this is valid use under the Convention.
