Kenzo Trademark

Kenzo Trademark
Kenzo Tsujimoto applied for an EU trademark for KENZO – the trademark can be viewed here: https://www.ipo.gov.uk/tmcase/Results/4/EU006334544 in class 33 for alcoholic drinks. The trademark application was opposed by the French Fashion House Kenzo. The trademark was opposed on the following basis: Article 8(5) of the Community Trade Marks Regulation, which prohibits the registration of a sign that is identical (or similar) to an earlier trade mark when the earlier trade mark enjoys a reputation, and use of the sign would take advantage of or cause detriment to the reputation of the earlier mark. The earlier mark that Kenzo sought to rely on was a Community trade mark registration for the identical word mark “KENZO” covering a range of fashion articles, as well as perfumes and cosmetics.

Summary of the case
The Court decided that although the goods were dissimilar, KENZO’s customer base was based at the high end of the market where customers are more likely to have greater sophisticated tastes than the average consumer. The court accepted Kenzo’s argument that high quality wines and cognacs would attract a similar consumer and that the undisputable allure” and “glamour” of Kenzo’s products could be transferred to other luxury goods, including those offered by Mr. Tsujimoto. The target audience in question would therefore make a link between to the brands resulting in unfair advantage. . In support of its conclusion, the General Court noted that co-branding initiatives between the fashion/cosmetics industry and alcoholic beverage industry are increasingly commonplace, and cited DAVIDOFF (used in respect of perfumery and cognac) as a notable example.

Mr. Tsujimoto then sought to invoke a “due cause” defence on the basis that Kenzo was his forename. This was rejected by the General Court, which, expanding on Prinz von Hannover v OHIM [2011] (where it was held that there is no unconditional right to register one’s surname), stated that no such entitlement applies to forenames.

jane@trademarkroom.com
www.trademarkroom.com
Trademark
Trademarks
How do I get a trademark