Chanel has just lost a trade mark battle with Huawei after an ongoing dispute, commencing back in 2017. It all began when Huawei sought approval from the EUIPO to register a mark for their computer hardware. The trade mark consists of two vertical interlocking semi-circles. Chanel immediately objected the mark after stating that there was a resemblance to their own famous logo, made up of two horizontal interlocking C’s. The latter trade mark is used for Chanel’s cosmetics, perfumes, jewellery and clothing.
Last week, Luxembourg-based General Court dismissed Chanel’s latest appeal of a 2019 decision by stating that the figurative marks do not hold any resemblance. Huawei’s is a vertical mark, in comparison to Chanel’s horizontal one, thus it was exhibited that the marks must be compared as registered, without altering their original orientation. Furthermore, it was pointed out that Chanel’s mark holds rounded curves and thicker lines with much contrast to Huawei’s. Not to mention that the two companies are in completely different markets, meaning the likelihood of consumer confusion is significantly decreased.
Chanel is often witnessed battling for the protection of its own marks and coming down on others which it sees as potential infringers. Previously, the company battled with a two-person sweets purveyor, over their use of the number 5, a mark used for Chanel’s fragrances. It appears that Chanel has been and will continue to be very protective of its marks, even in circumstances where public confusion is unlikely and difficult to prove.
Here at Lawdit Solicitors, we are able to provide you with legal expertise over any trade mark queries you may have. If you require assistance with obtaining a trade mark, protecting one or if you have any questions regarding the above article, please get in touch for further information today.
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