Barbie owner Mattel have taken action against fashion brand Burberry over their latest US trade mark application.
Burberry has filed a new application for the word ‘BRBY’ in relation to leather goods, bags and clothing.
Mattel have taken issue with it and have filed an opposition against the application. An opposition is filed by an earlier mark owner against an application that they feel is too similar to their mark. An opposition if successful will prevent the trade mark application from being registered.
The opposition states that the application is too similar to Mattel’s registered marks and may damage its reputation, which in the US in particular is significant. The biggest element of similarity comes in the form of phonetic similarity. The proposed application when spoken sounds very similar to the ‘Barbie’ mark. Mattel also argue there is similarity in respect of the marks visuals and commercial impression. There are also claims of a direct overlap in terms of goods and services.
It will be very interesting to follow this opposition as its big name v big name. Will Mattel succeed in claiming that Burberry are trying to take advantage of their reputation for their own gain. Time will tell!
If you would like to discuss protecting your brand name around the world, please get in touch with the Trademarkroom team today.
