The use and registration of Manor’s new logo for retail activities was found to not infringe the trademark rights of Proverum in their logo (registered as such, in black and white and in color too). In a decision of 28 October 2019, the Commercial Court of Zurich considered that the two logos were not liable to be confused, one being made of hexagonal-shaped components while those of the other are petal-shaped. The resembling color and structure of the logos were not deemed sufficient to lead to a same overall impression. This case illustrates the difficult defense of figurative trademarks but also the need for searching them to avoid infringement claims when using a logo. The decision is available through this link.
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