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The battle of brands

The battle of brands

The battle of brands

In a time of energy supply weaponization and everlasting Chinese thirst for energy and natural resource, what is the rest of the world to do?

Nothing is more important than a brand logo.

The brand logo and the visible elements of the brand, for example the color, the shape and the design can identify and distinguish the brand in consumer’s mind.

Famous logo can identify luxury, exclusivity or style and of course the marketing power can be inconceivable. The list can be endless if you think the brands such as Rolex, Apple, Coca-Cola or Louis Vuitton and the influence they have on the consumer world.

Because of the power that their logo gives them, they are particularly cautious but also strict and extremely defensive. After all, if it were easy for anyone to use each company’s logo, the company itself could not charge the same prices for products, nor have the same reputation.

One good example is the Japanese company Huawei, when it applied for EU trademark protection for a logo, he would use for computer hardware. At that time the French company Chanel, which is widely known for the most luxurious clothing, perfumes and accessories objected to the Chinese company, as their logos were identical. The reason that Chanel pointed to its registration of a logo consisting of a C-link for use in goods in Class 9 is that Huawei would issue in the same class the goods for which it wants to register its logo and argued that the mark Huawei’s is confusingly similar.

In addition, Chanel pointed out that it has held a registration in France since the mid-1980s for the same double C logo, which makes it the oldest company with a logo registration. At the same time, the use for Category 3, 14, 18 and 25 included perfumes, clothes and jewelry. For this reason, if the EUIPO (European Union Intellectual Property Office) allows the registration of the Japanese company’s logo, the French company raises its concerns that it will only benefit from the similarity. Nevertheless, the Intellectual Property Office of the European Union withdrew the Chanel’s objection, arguing that there is no similarity, and that the public that supports each brand, knows very well the logo of each company and there will be no confusion. Subsequently, Chanel did not leave the matter at that, as it contested the decision of the EUIPO in the General Court.

Several rounds of this case followed, but the general court ruled on April 21st in its decision that the marks at issue do, in fact, have certain characteristics. For example, there is in both logos the black circle, the two intertwined curves that intersect in an inverted mirror image, and a central ellipse, resulting from the intersection of the curves. For example, there is in both logos the black circle, the two intertwined curves that intersect in an inverted mirror image, and a central ellipse, resulting from the intersection of the curves. Nevertheless, the judge pointed out that the marks must be compared as applied for and registered, without any alteration in their orientation.

The general court ultimately held that the appeals division was correct in finding that the logos were not identical and that the case was therefore ultimately dismissed, noting that, to the extent that the points at issue are not similar, the other relevant elements. Overall concerns of likelihood of disorientation cannot in any way reimburse for and cover this discrepancy and therefore need not be considered.

In conclusion, every company’s logo is so important because it crabs attention, it makes a strong first impression, it’s the foundation of the brand identity, it’s memorable, it’s separate you from competition, it fosters brand loyalty and last but not least the logo is the first thing that your audience will look for when they see any communications from your brand. It should be front and center of all your marketing materials.

If you don’t have a logo (and one that stands out), then you are missing an opportunity to make your business stick in the minds of your future customers.




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