April 27, 2018

New report on the most frequent sectors and conflicts in trademark legal disputes

A recent international study published by Darts IP, a database provider in the field of Intellectual Property, concludes that the most frequent conflicts in relation to the similarity of trademarks occur in relation to clothing and, in particular, in products such as footwear, headgear, baby diapers, umbrellas, leather goods and imitations, in this order.

This study was based on a data range of trademark conflicts between 2000 and 2014.

In the seventh place of the top 10 of the most common conflicts regarding sectors or types of conflicting products, we find dietary substances versus pharmaceutical preparations, and in the tenth position we find the decisions related to conflicts between beer trademarks and alcoholic beverages other than beers.

The pattern regarding the type of products in conflict is reproduced in most of the analyzed jurisdictions.

The conflict that surfaces in certain areas of products or services is very indicative also of the degree of saturation that these classes or categories present in the different registration offices. This underscores the importance of obtaining expert’s advice when registering and defending a trademark.