Bayern Munich settles the score

As opposed to the match in the Champions League, Bayern Munich did end up on top in the competition for its logo this year. In 2002, the FC BAYERN MUNCHEN logo was registered in black and white in the EU as a device mark for almost all goods and services. A smart move, because that way the logo can be turned for profit. Many of the club’s sponsors (including a beer brewer) bring products to the market with the logo ride along on the popularity of the team. The logo consists of the name with the pattern of the Bavarian flag in the middle. When another Bavarian brewery comes up with a similar logo, the football club objects

In first instance the suit is lost, but in appeal the football club takes the win after all. The figurative marks are similar, certainly for the non-German public in the EU. The argument in defence that Bayern (Bavaria) and Munich are geographical names is pushed aside because in many languages the regions have a different name (such as Bavaria and Monakovo). Because the logo is registered in black and white, a non-German consumer will fail to recognize the Bavarian flag in it because it is blue. The layout is more or less the same. Consequence: the trademarks are similar.

trademarks



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PURE - MENTOS

MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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