Maserati is famous for its beautiful fast cars. Additional products include clothes, hats etc., are specially popular with Maserati-lovers.
The Maserati’ logo consists of a three-piece. This three-piece is also registered separately as a trademark (i.e. without MASERATI). A clever move as now only the three-piece is protected and the word Maserati does not influence a similarity.
As we see from an opposition against a similar three-piece based on this trademark, this registration is useful. Despite of some visual differences between the logos, there is a visual and conceptual similarity resulting in a similar overall impression. As consumers often do not have the opportunity to compare the trademarks, EUIPO is of the opinion that there is a risk of confusion.
Interestingly, the argument of the counterparty that there is a co-existence between the marks as the Applicant has earlier trademark registrations with this three-piece element, is put aside. While the EUIPO will take such evidence into consideration, proof has to be given for the peaceful co-existence. In this case, the older trademarks differ from the logo filed now (they included also the word Macson). So, EUIPO rejects the claim.
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“Trademark protection gives freedom to do business.”