Onel is looking forward to the World Cup. Good football in a Brasilian atmosphere! Talking about Brasilian football players, there is always that question, who was a better football player, Pelé or Garrincha? In terms of fame Pelé wins.
This reputation could however not prevail to lose an opposition procedure before the OHIM.
Pelé had filed an opposition against the European trademark Pole Soccer. The OHIM is of the opinion that the trademarks are similar in a certain manner but even when it takes the fame for granted, the differences overweight the similarities. This results in a different overall impression and a rejection of the opposition. Although not stated in the decision, the meaning of the word Pole and Soccer does play a role in the assessment in our view. Although this meaning is not totally clear for the consumer in non-English speaking countries, this is a more practical approach which we support.
Hopefully for the Brazilians, this will be the only loss in the near future!
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“Trademark protection gives freedom to do business.”