Zoo awarded Polar Bear trademark
A German zoo has been told it can retain trademark rights for one of its most famous former residents, a Polar Bear named Knut.
The Court of Justice of the European Union (CJEU) ruled in favour of Berlin Zoo following its tussle with UK-based Knut IP Management (KIPM).
In rejecting KIPM’s appeal of a previously-rejected trademark application, the court ruled that German consumers were likely to think goods featuring the name Knut would be associated with Berlin Zoo.
Knut, who was rejected by his mother, became famous in 2007 and attracted thousands of visitors to the zoo.
He made it onto the front cover of Vanity Fair magazine and featured in a portrait with actor Leonardo Di Caprio before his death in 2011.
Recognising his success, the zoo trademarked the name ‘Knud’ but in 2007 KIPM followed suit with the attempted Europe-wide registration of the trademark ‘Knut der eisbär’ (Knut the polar bear).
However, the application was rejected by the Office for Harmonization in the International Market on the grounds that it was too similar to the existing trademark.
Following a lengthy appeal, the CJEU found in favour of Berlin Zoo ruling there was a "likelihood of confusion" among consumers who wanted to buy products from the zoo.
In a ruling on September 16, the court said, “there was not sufficient difference between the signs to avoid any risk of confusion between the initial mark and the mark applied for.”
“It cannot be excluded that the public associates "knut" with a polar bear, regardless of the phrase "der eisbär" which only informs that it is the name of a polar bear,” it added.
According to Michael Shaw, European trademark attorney and partner at Marks & Clerk LLP, in Manchester, UK, the case established that there were numerous parties who sought to “piggy-back” on famous brands.
“If they [Berlin Zoo] hadn’t opposed KIPM’s application, they may have found themselves unable to use the Knut brand themselves,” Shaw said.
However, despite its failed appeal, Shaw added that KIPM may now look to convert its failed Europe-wide attempt into individual applications.
“Considering Knut is well-known outside Germany, this might make commercial sense for the UK-based company.
“If this happened, Berlin Zoo might struggle to persuade other national trademark offices that it enjoys any rights to the trademark outside Germany, and KIPM could ultimately secure a monopoly on the trademark in the rest of Europe.”
