Design composed of the famous Chanel's marks announced as invalid in Latvia
PĒTERSONA PATENTS – AAA LAW has successfully represented the interests of the Swiss company Chanel SARL in opposition proceedings before the Industrial Property Board of Appeal. The opposition was directed against a design (logo) reg. No. D 15 715 3.01 (hereinafter – Design).
The opposition relied on:
- Trademarks that are well known in Latvia – including No. 5, 5 and ;
- Allegation, that Design lacks novelty and individual character;
- Distinctive signs are used in Design – prior marks, whose owner is entitled to prohibit such use;
- use without due cause of Design could take unfair advantage and be detrimental to the distinctive character of the earlier trademarks.
Given the evidence before it, the Board of Appeal came to the conclusion, that:
There is a risk, that Design and the prior marks, namely, and could create a similar overall impression, since they contain a monogram dominated by distinct lines and consisting of two identical, symmetrically arranged elements. Consequently, the Board of Appeal stated, that Design lacks individual character. However, it is new and is novel, as the design is not identical to any of the prior marks.
Design is reproduced in a way that causes confusion with the well-known trademark . The Board of Appeal stated that the two fives included in Design are positioned in a way that their lower parts actually reproduce the prior mark .
The Board of Appeal agrees with the opponent, that a possibility may not be excluded, that Design can be used for fashion goods as well. That is why there is a high risk, that Design owner could get unfair advantage and cause detriment to the well known trademark .