In May’s CITMA Review online, Oliver Tidman notes key arguments made by Brewdog plc were considered irrelevant in a drinks logo opposition raised against its trade mark application for BREWDOG DOGHOUSE (BL O/769/19).
Brewdog’s appeal against the Hearing Officer’s original decision was dismissed, meaning the Opponent relying on its trade mark drinks logo was successful.
Although a logo registered as a trade mark generally protects the visual elements, this case illustrates the effectiveness of having a trade mark for a logo containing a distinctive (non-descriptive) and legible word such as DOGHOUSE.
Drinks logo – key points
- A logo registered as a trade mark can be a valuable weapon in the intellectual property armoury of an opponent.
- The enhanced distinctiveness or reputation of a mark or one of its elements is irrelevant to opposition under s5(2)(b).
- Where the earlier mark is entirely included in the contested mark, that is an indication of similarity, and the dominant element may not always appear at the beginning.
Read the full analysis on the CITMA website.
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Tidman Legal is an Intellectual Property Law Firm based in Edinburgh, specialising in helping startups and small businesses.