In trademark law, you almost never have obvious cases. Even when you think that the meaning of a trademark is well-known and/or descriptive, you have to take into consideration the knowledge of the European consumer that does not know a language. Most of the times, this concerns an usual English word which has no meaning for, for example, Spanish or Latvian consumers (according to the EUIPO). In this respect, the opposition between BABY LOVE against baby Dove is quite interesting. Do these trademarks resemble? Our first reaction was no! But if you cannot take the different meanings of the words LOVE and DOVE into consideration, the trademarks only differ by one letter. EUIPO has always been quite cautious about assuming a meaning of a word. Nevertheless, in respect of BABY EUIPO is quite firm: the word BABY is descriptive, after all, this trademark is registered for baby products. The word LOVE has a reduced distinctive character and can be interpreted as allusive for the positive elements of the product. The word Love is so general that even non English-speaking people will understand this. So, Love is so common that its meaning is well understood. With this in mind, the opposition is rejected.
Share this post
DOES YOUR TRADEMARK NEED ATTENTION?
Would you like more information about protecting your trademark?