An ant as a logo is a distinctive and original feature for your business. But if your business is running a hotel, the choice for an ant is quite remarkable. As a hotel, you do not want to be directly associated with an ant.
Well, despite of this association, Fiesta Hotels has registered a 3D trademark of an ant (left) in the European Union. You might remember our earlier post on this trademark.
This hotel has big plans with the ant as they wanted to block the way for a new ant, the ant on the right side. So, the OHIM assessed the similarity between the trademarks: the signs are conceptually identical: they are both ants. But a conceptual similarity is often not sufficient for a similar overall impression of the marks. There must be a certain visual or aural similarity between the marks. And that is a problem for the OHIM in this opposition. First of all, there is the difference between the three and two dimensional character of the marks. Furthermore, there are too many visual differences. So, at the end, there seems to be room for a new ant hotel.
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“Trademark protection gives freedom to do business.”