TOD'S and TOMS

toms-logoTod’s is an Italian fashion brand, known for its Gommino (these are a kind of shoes). In its Tod’s stores they sell also luxury bags and clothing.
Toms is a brand of Blake Mycoskie, which seems to have grown tremendously recent years and is best known for its espadrilles. Their logo is quite distinctive, probably caused by the bright blue color.
Now Tod’s was not very happy with a recent trade mark application of TOMS (wordmark) in the European Union. Strange, thought Blake Mycoskie, because there already had some trademarks TOMS in the EU. So, the trademarks were co-existing already. In the post last week we already discussed the view of the EUIPO regarding this argument (you have to proof that the trademarks are co-existing without any problem or the argument will be rejected). Moreover, in this case the objection concerned the word TOMS which has not been registered in that way already.
So TOD’S against TOMS for (partly) identical products. The EUIPO finds the trademarks visually similar to a low degree. The logo’s of TOD’s are regarded as sufficiently different. But TOD’S has argued and demonstrated that its (word)mark was well known in the EU. The result is a scope of protection which is larger than a normal trademark. And that is just enough for the EUIPO to accept that there can be a risk of confusion. Sometimes being famous is fun (and useful).

Knijff Merkenadviseurs

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