Ralph Lauren’s ‘Polo’ Mark Has Enhanced Distinctiveness, Says EU Court

2018/06/22

The EU General Court confirmed on June 20 that Ralph Lauren’s ‘Polo’ trademark has enhanced distinctive character, in a win for the fashion brand.
In 2014, Gidon Anabi Blanga filed an application to register the word mark ‘Hpc Polo’ with the European Union Intellectual Property Office (EUIPO). The Polo/Lauren Company, a subsidiary of Ralph Lauren, filed a notice of opposition in 2015. Ralph Lauren owns the EU word mark ‘Polo’, registered in 2010 (trademark number 4,049,334). In 2016, the EUIPO’s Opposition Division upheld Ralph Lauren’s opposition, and the First Board of Appeal affirmed the decision in 2017.
The board noted that the goods covered by the earlier registered mark and the applied-for mark are identical, adding that Ralph Lauren’s mark has a distinctive character due to public recognition and reputation, so there is a likelihood of confusion between ‘Hpc Polo’ and ‘Polo’.
the court confirmed that ‘Polo’ and ‘Hpc Polo’ are visually, phonetically, and conceptually similar to an average degree, even taking into account the ‘Hpc’ element. The court dismissed Blanga’s appeal and ordered him to pay the costs.
Source: worldipreview