A recent European opposition handled Lola’s: Dona Lola on one hand and Lalola on the other. While Dona Lola Lalo was registered as a wordmark, Lalola concerned a logo (see left).
It is fixed case law that consumers focus on the word elements of a logo. Consumers seek recognition and even though there are distinctive figurative elements present, like in this case, a word plays a dominant role in the recognition. An exception to this case law is a figurative mark with descriptive words, these words are not perceived as trademark as they indicate a quality, characteristic, etc.
The word Lalola is dominant and since Dona Lola also includes Lola (while Dona says something about Lola), there is a visual resemblance. An aural similarity is also present. In this respect quite relevant as both marks were filed for beverages and EUIPO states that these types of products are often ordered in noisy bars (quite right).
The conclusion is that confusion can occur and for that reason, lady Lalola is rejected.
Share this post
“Trademark protection gives freedom to do business.”