Marriott battles over its trademark

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Offline TimeshareTalk

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Marriott battles over its trademark
« on: March 22, 2018, 19:26:42 »
Subjective similarity in figurative marks

A recent decision involving a prominent timeshare company shows how “subjective” the assessment of visual and conceptual differences can be, according to Leighton Cassidy, partner in Fieldfisher’s London office.

On Thursday, March 15, the EU General Court annulled the European Union Intellectual Property Office’s (EUIPO) rejection of Marriott Worldwide Corporation’s application to invalidate a trademark.

Cassidy said he was initially “a little surprised to read that the General Court had come to such a different conclusion from the Board of Appeal and the EUIPO’s Cancellation Division”.

Marriott’s main ground of appeal had centred on the EUIPO’s assessment of the visual and conceptual differences between its figurative mark, a silhouette of a griffin, and the applied-for figurative mark, a silhouette of a made-up creature. [nofollow]