Wide protection HORSE logo

To anticipate a refusal, descriptive marks are often filed in conjunction with a logo. But how broad is that protection exactly? Especially if the picture elements is strongly allusive or descriptive. When the logo for HORSE COUTURE was requested for leather goods, the registered proprietor of the Portuguese HORSE logo objected.

The court held that the marks are similar. Both brands contain the element HORSE and an image of a horse. As a result, the marks were deemed conceptually and aurally similar. Because the products are identical, the visual differences are not sufficient to offset the aural and conceptual similarities. Likelihood of confusion is present and the brand HORSE COUTURE was therefore refused.

trademarks



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IP quiz Trademarks

Puma is one of the bigger sports and lifestyle brands in the world. The core-business is the design, development and sale of (sports) shoes, (sports) clothing and accessories. In 1960, Puma registered an international trademark for a device designed in 1958: the formstrip. Since then, Puma has registered approximately 90 formstrip trademarks with validity in the Benelux or the European Union. Puma claims that this is a serial mark. Monshoe is a wholesaler of women's shoes and related products. The company designs and develops Monshoe shoes which it largely markets itself. Monshoe sells its women's shoes under the brands Shoecolate and Pearlz. The shoe Shoecolate is offered in various colour combinations. Puma claims that Monshoe infringes its well-known formstrip trademark. Monshoe contradicts this and states that the average consumer will not perceive the device of Monshoe on the sneakers as a trademark. And if the public will recognize a trademark in the decoration, it will not make the connection to Puma. According to Monshoe, the formstrip logo is not a well-known trademark within the meaning of the BVIE and the UMVo. There is no likelihood of confusion because the sign does not or hardly evoke any association with Puma among the public. In light of the above, who is right? Does this constitute decorative use or linking to a well-known trademark?