Online retailer Asos lost the latest round in a somewhat long-running dispute with Assos, a Swiss manufacturer of cycling clothes, following a rejection of its trademark application in 2011. The Swiss company, which sells clothing, particularly cycling clothing and accessories, filed suit against the similarly-named fashion brand (in Switzerland, the EU and even more recently, in the U.S.), alleging that it is violating its federally registered Assos trademark (which extends to clothing).

Most recently, Asos, which applied to register its name in a few classes in 2005, has failed to persuade a court that it should be allowed to trademark its brand name in the European Union. A year after Asos filed, Assos filed an objection at the Office for Harmonization in the Internal Market (OHIM) based on its earlier “Assos” mark, which shares two classes with Asos’ applied-for mark.

In a strong of similar rulings, the OHIM has held that upheld that there is a likelihood of confusion between the two marks, and as a result, ASOS is prevented from selling products under that name in the classes at issue. The board also rejected Asos’s claim that the rival marks had co-existed peacefully in the EU, stating that Asos failed to provide any independent evidence in furtherance of that claim. More to come …