Everybody who is working on new trademarks can confirm this: it’s sometimes quite difficult to find an available trademark in the EU. Especially if you are not using a fancy word but an existing word such as an animal or a name. Often somewhere in the EU this trademark is registered.
A good trademark search (like Multisearch) is recommended in order to analyze the risks beforehand. With this search you can adjust or limit the specification, just to avoid lengthy oppositions. But even with this search, the trademark registers are quite crowded which results in a trademark that is not available.
Especially for large enterprises, this is a very difficult aspect of trademark protection. Of course, a different trademark in every country is not the situation they want. Sometimes, a company name has been added in order to take some distance beforehand. But that does not always work out as we recently saw in an opposition against the mark Disney FROZEN. An Italian trademark holder who had registered the word mark FROZEN for clothing opposed the trademark of Disney and won. Fortunately for Disney, the trademark was registered in the remaining classes.
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