A recent EU appeal court decision suggests that it may now be easier for trade mark owners to block applications to register similar trade marks.
Entec opposed SEW’s application to register a wolf’s head trade mark similar to Entec’s mark. For the opposition to succeed, it was necessary to demonstrate either an unfair advantage obtained from the reputation of the existing mark or a detriment to the mark weakening its identity and hold in the public mind.
From earlier decisions, it had been thought that proving detriment required proof of a ‘consequential change in the economic behaviour of the average consumer’. However, the court ruled that if there was evidence of risk of future detriment it was not also necessary to show a change in the economic behaviour of the average consumer as this was inherent in the dilution of the trade mark.
The decision favours trade mark holders and demonstrates the importance of registering and protecting trade marks. Trade marks and other intellectual property are vital assets for businesses.
If you have any IP issues in your business which you would like to discuss please call us on 0121 746 3360 or fill in our online enquiry form.
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