Log in

CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
THURSDAY, 27 JUNE 2013
TPI protects GUCCI against HUCCI for Class 20 goods

The Turkish Patent Institute (TPI) has provided wider protection for a well known trade mark against an application filed for dissimilar goods, considering that the application may be to the detriment of the distinctiveness of the well known trade mark

The applicant, Cevdet Akif Usta, applied to register its trade mark (illustrated, right) before the TPI for goods in class 20; this application was published in the Official Trade mark Bulletin on December 12, 2011.

Guccio Gucci S.p.A filed an opposition to the application and indicated that;

·         the trade mark application HUCCI includes the same “U-C-C-I” letters which led to a visual and aural similarity with its own mark which might cause a likelihood of confusion on the part of the public,

·         the well-known status of GUCCI trade marks should be considered when examining the similarity of the marks, even though the goods covered by the marks were dissimilar,

·         registration of the applied-for trade mark would be detrimental to the distinctive character of the trade mark and take unfair advantage of its reputation,

The TPI accepted the opposition and stated that the trade mark application was visually and phonetically similar to the well-known trade mark GUCCI ;  even if the goods covered in the application belonged to a different sector to those of GUCC, its registration would be detrimental to the distinctive character of the well-known GUCCI trade mark.

By this means, even though GUCCI did not have registration or prior use for “furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics” in class 20, the TPI provided broader protection for GUCCI in order to prevent dilution of its distinctive character.

Consequently, this decision clearly establishes that TPI provides wider protection for well known trade marks against applications that cover totally different goods/services, considering that the use of well known trade marks on dissimilar goods/services may cause dilution of the well known trade mark. 

Class 46 thanks Selin Sinem Erciyas (Mehmet Gün & Partners) for supplying this information

Posted by: Blog Administrator @ 09.26
Tags: Turkey, well known marks,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3273
Reader Comments: 0
Post a Comment


MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


The Class 46 Archive






 

 

 

 

 

 


CONTACT

info@marques.org
+44 (0)116 2747355
+44 (0)116 2747365
POST ADDRESS

Unit Q, Troon Way Business Centre
Humberstone Lane, Leicester
LE4 9HA

EMAIL

Ingrid de Groot
Internal Relations Officer
ingrid.de.groot@marques.org
Alessandra Romeo
External Relations Officer
aromeo@marques.org
James Nurton
Newsletter Editor
editor@marques.org
Robert Harrison
Webmaster
robertharrison@marques.org
BLOGS

Signup for our blogs.
Headlines delivered to your inbox