In a recent turn
of events, Gucci an Italian fashion and leather goods brand has opposed a UK
trademark application for a device mark claiming it to be similar to their famous
GG logo. But the registrar ruled that the said device mark lacks resemblance to
the GG logo and the mark does not conflict Section 5(3) (of UK Trademark Act) for
protectionof well-known marks. The applicant’s device mark was also applicable
to similar goods such as clothing line etc.
Courtesy: Gucci accessories, lyst.com
Gucci has
registered its GG logo via Community Trade Mark registration in EU and UK. In
UK it is a registered mark for over 50 years which was described as two G’s
facing each other creating a symmetric mirror image. The basis of opposition by
Gucci was based on this description. But the registrar disagreed on Gucci’s
claim stating that the applicant’s device was more analogous to ‘human torso’.
He also argued that the consumers will pay more attention to the device per se
and the perception to the similarity of the marks will be little.
Although Gucci
provided many evidences to prove its point, registrar stated that the Gucci has
failed to prove that Gucci’s device mark has brought a significant distinction
to their brand and products upon use. This led to Gucci’s unfortunate loss in
the case.
So the question here
is how much is too much? What amount of similarity between the device marks
makes them similar and deceptive? Although, it is also important to note that
Gucci has been changing its GG logo for the purpose of rebranding and
advertising, so will a differently arranged
double ‘G’ applied for the similar kind goods create confusion among
consumers as a rebranded Gucci’s logo? Perhaps this question can be best
answered by the consumers themselves.
Authored by Sai Ratna Manjari
Posted By Aurobinda Panda
For Biswajit Sarkar – Advocates – IP Attorney
