Volkswagen comes unstuck at EU General Court
Car maker Volkswagen has failed to convince the EU General Court that a trademark applied for by a Finnish company should be rejected.
In a decision published today, September 19, the court dismissed Volkswagen’s appeal against a ruling handed down by the European Union Intellectual Property Office’s (EUIPO) Fourth Board of Appeal.
Finland-based car seller Paalupaikka applied to register a black and silver figurative sign as an EU trademark (EUTM) in May 2014.
The mark, which features two triangles shaped like mountain peaks within a silver circle and the words ‘Main Auto Wheels’ set on a black background, covers class 12 (vehicles) and class 35 (advertising).
But Volkswagen took issue with the mark, opposing its registration in November 2014.
The car maker cited two of its own trademarks in opposition: its logo in black and white (EUTM number 703,983) and its logo in white, silver, blue and black (EUTM 11,238,748). Both of Volkswagen’s trademarks cover classes 12 and 35.
However, the EUIPO’s Opposition Division rejected Volkswagen’s opposition in its entirety, finding that the signs had a very low degree of similarity and that there was no likelihood of confusion.
The division also found that Volkswagen hadn’t managed to show that the applied-for mark would take advantage of its own marks.
Volkswagen filed an appeal against the decision, but in July 2016, the Fourth Board of Appeal rejected it.
Again, Volkswagen appealed, but the General Court affirmed the appeals board’s decision today.
The court concluded that the signs produced a different impression visually, aurally and conceptually, and rejected Volkswagen’s argument that the board had failed to give reasons for rejecting its other opposition ground.
After dismissing the car maker’s appeal, the court ordered Volkswagen to pay the costs.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.
Today's top stories
EU court overrules EUIPO in Lindt trademark dispute
Marques 2018: French senator discusses 5 branding challenges
Poet takes Daft Punk and The Weeknd to court, again
European Commission proposes WTO reform
