Fashion Law reports..
Rolex has been dealt a loss in the latest round of its quest to block the registration of a crown-centric trademark with the European Union Intellectual Property Office (“EUIPO”), arguing that the mark is not only too similar to its well-known crown logo but is also likely to take unfair advantage of the reputation of the Rolex crown mark. In a decision on Wednesday, the EU General Court rejected Rolex’s opposition on both grounds, finding that the likelihood of confusion between the crown logo used on watches versus “clothing, footwear, headgear” – the latter of which are the goods listed on PWT A/S’s crown application – is low, and that there is no reputation in Rolex’s crown logo, on its own, that is at risk of being diminished.
The case got its start back in June 2016 when Rolex SA opposed the registration of Danish fashion group PWT A/S’s crown trademark for use on clothing, footwear, and headgear, pointing to the registrations issued to it by the EUIPO in 2001 for its crown logo, and the crown logo along with the word Rolex for use on “watches.” According to Rolex, the PWT A/S’s application should be blocked on the basis that the company was infringing Article 8(1)(b) of Regulation No. 207/2009 and Article 8(5) of that regulation.
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Rolex Handed a Loss in Bid to Block EUIPO Trademark Registration of Crown Logo
