The bowler hats

CJ4JX4FZVCC523YA2TMALSKFLFS2QKKMGRAJGZEUR5M6XUNUACYCAQC62ZM53O7365ZIVNSFMKQSEDesign Shop Timothy Oulton sells some modern but yet very British furniture and life styling products. Not only in the UK, but also for example in Amsterdam (in a spectacular old church).

The logo of Timothy Oulton is also very British, what could be more British than a bowler hat?

But can you claim a bowler hat as a trademark? Yes, you can. And that is what Timothy Oulton did. The bowler hat (device) left is a registered European trademark. Just in time as this registered mark forms the basis of an opposition against another black bowler hat, filed for jewelry and clothing.

A bowler hat against a bowler hat. The OHIM admits that there is a conceptual similarity. But often a conceptual similarity is not enough, after all, even bowler hats may look quite different. In this case there was also a visual similarity (the mark of the applicant was a full black bowler hat). So, the opposition of Timothy Oulton was successful against most of the products covered by the application.

While the bowler hat is used often in combination with Timothy Oulton, this opposition case is an example  of strategic filing: sometimes it is wise to file a substantive device element as a sole registration.

Arnaud Bos

“Trademark protection gives freedom to do business.”

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