Last year the widely discussed Conchita Wurst won the contest. With her/his sudden worldwide reputation, the name Conchita Wurst was filed by the manager for – amongst others – entertainment, CD’s and clothing. Right in time, you might say, because an entrepreneur recently filed the same trademark for sausage (in German a wurst is a sausage, making Conchita Wurst a fabulous trademark for sausages).
Rene Bertho, the manager of Conchita Wurst, filed an opposition. But can Conchita Wurst act against a sausage? No, the goods and services are of course not similar at all, confusion is not given. The opposition was also based on the reputation of the trademark, a good basis in this respect as there is a clear intention to take advantage of the reputation of Conchita Wurst. But a reputation has to be proved, and since no evidence of the reputation was submitted, the European Trademarks Office rejected the opposition.
And now Conchita Wurst must share the name with a sausage.
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