And what if your last name is Alessi?

The Italian design brand Alessi has been synonymous with style and elegance for decades. From coffee pots to corkscrews, every product breathes design, a touch of humour and unmistakable Italian finesse.

It’s no surprise that world-famous designers such as Philippe Starck, Ettore Sottsass and Zaha Hadid have collaborated with the brand.

But a strong brand also needs strong protection. There are always individuals or companies who think they can ride on its coattails. That happened recently in an opposition case brought by ALESSI against the European trademark ALESSI COMFORT for furniture.

This new trademark was filed by an Italian named Antonio Alessi. He must have known the Italian ALESSI brand, but perhaps thought he could register his own name as a trademark — because, after all, it is his name. That’s a common misunderstanding.

The answer is no: having a certain surname doesn’t automatically give you the right to register it as a trademark. Otherwise, trademark law would be meaningless and we’d be flooded with CHANEL handbags, PORSCHE cars and PHILIPS electronics — all from unrelated companies.

There is however a limitation on the exercise of trademark rights, set out in Article 14 of the EU Trademark Regulation. This means Antonio Alessi may use his own name, but only under strict conditions: it must genuinely refer to him, and the use must not be misleading or confusing. So, a piece of furniture boldly labelled “ALESSI” would not be allowed. This exception, by the way, does not apply to companies named Alessi.

In the end, Antonio Alessi couldn’t rely on that article in the opposition proceedings. His case was hopeless, and the European trademark application was rejected. In the end, a rather naïve attempt.

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.