SWATCH AG v. Ferdinando Perone

#KimOhNo became a symbol of the backlash to Kim Kardashian’s attempt to register a trademark for her new line of shape wear, Kimono.

Increasing environmental concerns lead to shifting consumer behavior, and many brands address these concerns by registering ‘green’ trademarks. The results of the study conducted by EUIPO in 2021 found a 900% increase in green trademarks being filed, demonstrating that “growing interest in sustainability is indeed reflected in the EUTMs filed at the EUIPO [1]. Read about the current green trademark trend in the EU in this article.

By definition, a trademark needs to display sufficient distinctiveness to identify the origin and ownership of the products and services. That means generic and descriptive words should be avoided at all costs. The landmark case in United States PTO v. Booking.com B.V, however, proves that a generic term combined with “.com” or another top-level domain can be registered as a trademark if there is sufficient evidence of consumer recognition.