The Rich Prada. Is this the wealthy sister of the well-known Prada-trademark? No, although you could think this when you face this trademark.
The Rich Prada is a hotel in Indonesia. And in order to protect their overseas activities, they filed the trademark in the EU for the food and beverage classes, advertisement, hotel services etc. But then Prada came and filed an opposition.
The first hurdle, evidencing the use of the earlier marks, is partly taken by Prada. The OHIM finds use for fashion articles, which means that the trademarks registered for defensive classes are out of the picture.
No worries, as Prada has based the opposition on the reputation of the trademark Prada. So, Prada can object similar trademarks registered for similar and also non-similar products and services. All trademarks in all classess? No, not all. The relevant public will have to establish a link between the trademarks. And this is a difficult point for some services like financial services.
The bottom line is that the opposition is successful for some classes (including the services of a hotel), but this decision is another example of the fact that no-one, even well-known trademarks, can completely monopolize a name.
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“Trademark protection gives freedom to do business.”