Rolex SA v. PWT A/S

Rolex SA

Case details

Plaintiff: Rolex SA

Defendant: PWT A/S

Case no.: R2389/2020-4

Jurisdiction: European Union

Industry: Fashion

Decision date: 18 Jan, 2023

Decision

The appeal is not well founded. The opposition fails on the grounds of Article 8(1)(b) EUTMR based on both earlier marks as the conflicting goods and services are dissimilar. The opposition also fails on the grounds of Article 8(5) EUTMR, on the basis of both earlier marks invoked. Reputation for the earlier Crown mark was not proven. For the earlier Rolex mark with crown there is no unfair advantage of, or detriment to, the distinctive character or repute of that mark as the mere coincidence is in a weak, not unique symbol which is executed in a different way and the earlier mark is dominated by a distinctive and unique element which has no counterpart in the contested mark.

Comparison of Trademarks

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