Pirates of the European

indexDisney may have a nice reputation, do not harm their trademarks! Josef Frank Roedel has experienced the vast and strict approach of Disney: he filed the trademark PIRATES OF THE EUROPEAN in the European Union. Disney directly filed an opposition against this trademark application on the basis of several trademarks of their blockbuster.

Despite that the marks are rather similar, Disney has to put some effort into this opposition. The claim for reputation has been denied, for example. Some printouts of Wikipedia and a press release is not sufficient for the OHIM. Wikipedia is not regarded as a totally independent source of information…

While the decision IP Translator has been rendered for a wile we now see the consequences. All trademarks offices in the EU as well as the OHIM have further defined the products and services listed under a class heading. This results in unacceptable terms and also in non-similar products. Whereas some months ago the product clothing was identical to clothing in the class heading, the OHIM will now compare the products clothing with all the defined products that fall under the class heading clothing, such as fittings of metal for footwear, hat frames [skeletons] etc. And some of these products, like ready-made linings, are regarded as dissimilar.

The above also happened in this opposition. The opposition is successful for most of the products, but unsuccessful for some. So, we do not know what mr. Roedel will do with a trademark PIRATES OF THE EUROPEAN for ready-made linings, for Disney this is decision is unfortunate.

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Knijff Merkenadviseurs


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