The importance of protecting a logo, WELSON vs WELLUX

The main rule is that a word-mark is optimally protected when registered in all-caps. In whichever way the word is used, the use then falls under the requested protection. However, with short wordmarks, small differences are often enough to distance oneself. In such cases filing a logo can provide extra protection.

 

Bodyfit Wellness sells and installs swimming pools. The company decides to change its name to WELSON in 2020. In order to protect the rights, not only the word mark, but also the new logo is registered as a trademark.

Shortly after the national campaign has started, a competitor decides to change its name to WELLUX. Court rules that WELLUX does not infringe on WELSON. The first half is identical, but refers to wellness. The last parts, SON and LUX, are therefore the more distinctive parts and differ sufficiently.

However, the logo does form an infringement. Both logos are visually very similar. They consist of six letters with a wave motion above it, a peak in the middle and the similar formatting. The logo may no longer be used.

trademark-registration



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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?