From the most beautiful girl in the classroom to the most beautiful in the country. Many dream of this. Hence, a good format for a miss competition with wold fame in sight! Probably, one of the reasons of the popularity of these competitions.
In the Benelux Miss Belgium has registered the wordmark Miss Belgium and the below logo. But can Miss Belgium stop the Benelux trademark application Miss Belgian Beauty (logo right)?
An interesting argument of the Applicant was that the competitions Miss Belgium and Miss Belgian Beauty were organised both since the 1990s. So, the relevant public knows both and a risk of confusion is not given as both trademark are co-existing in the same market since a long time. While a court assesses the whole question of confusion, a trademark office often only looks at the trademarks in question. The market situation is not addressed. Therefore, trademark offices are often reluctant to decide on possible co-existence of trademarks.
In this respect, the Benelux Office bypasses this argument smoothly by assessing the question whether or not the trademarks are similar. No, according to the Benelux Trademarks Office. There are differences in Belgian and Belgian but certainly the picture of the girl creates a distance. So, the opposition is rejected as there is no similarity between the trademarks.
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