News

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).

Chanel SARL was represented by trademark attorney Gatis Meržvinskis and trademark attorney Kristīne Ostrovska.

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 .

Related news

If you have questions about registration of trade marks, designs, patents, enforcement thereof or other IP related questions, we are kindly offering you a free consultation on the 17th of August.

Please sign up by calling the number + 371…

The leading specialist guide to IP firms and practitioners worldwide Managing Intellectual Property IP Stars in 2022 has ranked Petersona Patents – AAA Law among one of the most recommended agencies in Latvia (Tier 1) [1]. Also the managing…

We share this time of celebration with our clients, friends and colleagues, all so necessary to both our past achievements and to all our future endeavors.

In order to provide you with the best possible browsing experience we uses cookies. To accept our cookie policy please click „Accept“ button or continue to the site. Leaving the site will be interpreted as not accepting the policy. You can always revoke this authorization by changing setting in your browser and deleting the cookies.