The European Union General Court dealt a loss to Perry Ellis this week in its fight to register a new logo with the European Union Intellectual Property Office (“EUIPO”). After Perry Ellis filed to register its new trademark with the EUIPO, German cycling brand, Protective, moved to formally block the registration, arguing that Perry Ellis’s new mark is too similar to one it is already using on its own goods.
Following an unfavorable ruling from the EUIPO’s Board of Appeals, the General Court similarly refused to grant trademark rights to Perry Ellis for its proposed new logo, ruling that it does, in fact, bear too many similarities to one already being used by Protective.
Both brands’ logos feature a somewhat rounded, italicized letter “P.” Unlike Protective’s logo, the rejected Perry Ellis mark has a sweeping line encompassing the P, but the Court held that rather than making the logo unique, the arc was merely decorative. The addition was thus not enough to substantially distinguish the mark from Protective’s and ensure that consumers would not be confused as to the source of goods bearing the mark. Unfortunately for Perry Ellis, which argued that Protective’s logo was too generic to warrant protection, the Court sided with Protective and its already-established mark.
Looks like Perry Ellis is stuck with its existing logo at least for now.
* The case is Perry Ellis International Group Holdings Ltd v EUIPO, Case T-350/15.