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Gide Represents Wyborowa in Opposition Proceedings Before European Intellectual Property Office

Gide Represents Wyborowa in Opposition Proceedings Before European Intellectual Property Office

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Gide has successfully represented Polish spirits company Wyborowa S.A. in proceedings before the European Intellectual Property Office involving its opposition to the registration of a trademark similar to LUKSUSOWA.

According to Gide, “in 2016, EUIPO received an application to register a trademark containing the word 'luksusowa' in class 33 of the Nice Classification, i.e., for vodkas. This was opposed by Wyborowa S.A., which holds exclusive rights to the European word mark 'LUKSUSOWA,' having registered it in 2009 for alcoholic beverages, including vodkas.” According to the firm, “EUIPO denied the application on the grounds that the trademark to be registered was similar to the already registered trademark 'LUKSUSOWA,' which would cause confusion among the public. The decision was taken despite the fact that the trademark applied for was a word and figurative one containing a graphic element and four words, just one of which was 'luksusowa.' EUIPO agreed with the arguments made in the opposition that the words were descriptive and the word 'luksusowa' was the most distinctive. It also agreed that the distinctiveness of the trademark 'LUKSUSOWA' had been enhanced through its long-standing use and recognition among potential consumers, which led EUIPO to conclude that, despite the low degree of visual and phonetic similarity and average conceptual similarity between the trademarks, potential consumers of vodkas could legitimately believe that the contested trademark was a new version of the earlier trademark or a new brand of goods sold thereunder.”

The decision was appealed, but the EUIPO Board of Appeal re-examined the case and the arguments raised in the appeal and, on January 20, 2021, upheld its decision.

Gide’s team was supervised by Partner Piotr Sadownik and included Attorney-at-Law Marta Wojtkowiak.

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