WhatsApp triumphs over WhosApp

Clipboard01WhatsApp is an immensely popular program for sharing messages, photos, etc. with friends or groups. Whats up with WhatsApp? Well, WhatsApp is not so happy with the trademark WhosApp. Whose app? WhoseApp of the German company WhoseApp. WhosApp is however not yet in use. The specification gives a hint of software/app for tracking products. Anyway, WhatsApp files an opposition with the EUIPO.

WhatsApp and WhosApp, are these trademarks similar? The prefix Wh is the same in both trademarks. App as well, but this element is merely descriptive and therefore a consumer will not focus on this element. Yet, this element plays a role in the assessment of the overall impression. EUIPO finds that, in view of the structure and length of the marks, the identical beginning and ending, that a risk of confusion is given.

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