In looking through the May issue of CIPA, the journal of Britain's patent attorneys, I see that there has been a court case over the application for a Community Trade Mark which showed the outline of a tree (with boots) with, on it, the words "Aire limpio".
Julius Sämann Limited opposed the application on the grounds that their Arbre Magique® trade mark in the same European system, also for an air freshener and with a fairly similar outline of a tree, conflicted. Their product is better known in Britain as The Magic Tree® , which was applied for in 1984. It is the familar thingy that dangles down from the rear view mirror in so many cars.
What I had not realised was that Julius Sämann of Zurich had applied for a patent for a Container for Volatile Substances as long ago as 1959 -- with the same outline. I'm surprised it received a patent. That American patent long ago passed out of protection, but the company is clearly, and understandably, still keen to keep its competitive edge. They have invested a lot in the product.
The result ? The OHIM office at Alicante had ruled that they were not similar. Perhaps the fact that the Italian words mean "clean air" helped. However, the Board of Appeals agreed that the shape had acquired a distinctive character through use -- people were likely to be reminded of the older product.
The decision is discussed by the new Class 46 blog.
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