Rolex SA v. Spooks GmbH

Rolex SA

Case details

Plaintiff: Rolex SA

Defendant: Spooks GmbH

Case no.: R1099/2020-4

Jurisdiction: European Union

Industry: Fashion

Decision date: 15 Feb, 2021


The appeal is not well founded. The opposition, filed on the sole grounds of Article 8(5) EUTMR, fails on the basis of both earlier marks invoked. Reputation for the Crown device as such was not proven. The Rolex mark with crown was dissimilar to the contested and in any event there will be 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 marks are completely different in their other distinctive and unique elements.

Comparison of Trademarks