A fight over a fishbone. You would expect two fighting cats but no. The clothing brand Weirdfish filed an opposition against the Screamer logo (logo below) as both logo’s show a fishbone.
We must say that a fishbone as a logo is pretty weird. Usually the scope of protection is broader in the event of an unusual distinctive logo. But no, the Ohim ruled differently and rejected the opposition. According to the Ohim the words Weirdfish and Screamer are dominant in these trademarks and this results in a different visual, aural and conceptual impression.
To prevent this kind of arguments, we usually recommend clients to register the visual element in a logo (without the word) separately. Especially if the logo is used separate this is approriate. Having said this, it would have made no difference in this case. Weirdfish has invoked the use of the fishbone logo (without the word) as unregistered mark but the Ohim ruled that both fishbones were dissimilar. Leaving Weirdfish empty handed.
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