Copycat

LIQUID-KISS_CAN-CAN-500x500A copycat, somebody who is copying ideas, a name or a product design. Who wants to be that? Nobody. Not directly the most appropriate name for a cosmetics brand, you might think.

Still, the trademark COPYCAT has been filed in the European Union by Warpaint Cosmetics Limited (here left another product in their product line). But Warpaint was accused to be a “copycat”: a Spanish company filed an opposition against the application and argued that COPYCAT was too resembling to their earlier Spanish mark CAPICAPS.

Are these trademark similar? No, says the OHIM. Although COPYCAT in Spain has no meaning, the overall impression of the marks is different. The argument put forward by the Opponent that the trademarks have the similar letters is not decisive, “since the alphabet is made up of a limited number of letters, which, moreover, are not all used with the same frequency, it is inevitable that many words will have the same number of letters and even share some of them.” So, the differences have the overhand and the result is that COPYCAT is no copycat.

Arnaud Bos

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