NVIDIA vs. Volta Robots: what trademark search can prevent

NVIDIA is globally known as a leading developer of chips, particularly in the fields of artificial intelligence and gaming.

In a short period of time, NVIDIA has grown into one of the most valuable companies in the world. However, not everything NVIDIA touches turns to gold: even NVIDIA must comply with trademark law.

In a recent opposition, NVIDIA clashed with the Italian company Volta Robots, which operates in software and hardware for autonomous systems. The dispute concerned the trademark “NVIDIA VOLTA”.

At the heart of the dispute was the element “VOLTA”. Volta Robots owned an earlier European trademark “VOLTA” and argued that the registration of “NVIDIA VOLTA” would give rise to a likelihood of confusion. The Opposition Division of the European Union Intellectual Property Office (EUIPO) partially agreed. For a large number of software and hardware goods—particularly in the fields of AI, image processing, and autonomous vehicles—the opposition was upheld. For other, more distinct goods and services, such as certain components and graphic design services, no similarity was found.

From a legal perspective, the decision revolves around the classic assessment of likelihood of confusion. The signs share the element “VOLTA”, which was considered independently distinctive. The fact that NVIDIA added its well-known house mark does not alter this assessment: the earlier mark remains fully incorporated in the contested sign, resulting in a similar overall impression. Combined with (partly) similar goods and services, this gives rise to a real risk that the public may assume an economic link between the two parties.

It is noteworthy that NVIDIA’s arguments regarding the alleged weakness of the term “VOLTA” were not persuasive. The mere fact that a term may have multiple meanings or appears in other trademarks does not automatically mean that it has low distinctiveness. The decision also confirms that it is sufficient for a likelihood of confusion to exist for a part of the relevant European public. This alone can justify a (partial) refusal.

In practice, this decision shows that merely adding your own brand name will, in most cases, not be enough to secure trademark registration without issues. And this is something NVIDIA could have anticipated: a proper trademark clearance search would have revealed the existence of Volta Robots and the associated risks.

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.