Sometimes you have the feeling that you already have met someone. As trademark attorneys, we do have the same feeling with some logos. Like the V below. The blue color, the font, the resemblance is striking: the V is the V of VOLVO.
Probably also the reason why VOLVO filed an opposition against this application. VOLVO has several trademarks of the logo, with the circle and without the circle.
In the opposition VOLVO states that there is a risk of confusion and the application takes advantage of the reputation and distinctiveness of VOLVO. The EUIPO is rather skeptical, the additional elements in the logos make the trademarks differ. Also, the font is similar but not equal, because it differs in thickness and furthermore the font is a common and not a particular font. As the trademarks are not similar, the reputation argument is dismissed as well.
While the reasoning of the EUIPO is logic in case of a normal trademark, this does not apply to famous trademarks like VOLVO. These trademarks should be protected against any unlawful association. An association that immediately occurs when you see the V logo. Maybe we are VOLVO-lovers, but to our opinion EUIPO should have serve the interest of the owners of a well-known (and often copied) trademarks.
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“Trademark protection gives freedom to do business.”