We are pleased to announce that IP CYPRUS has successfully defended the European Union trademark WEIYOUPIN (EUTM No. 18 349 209) against Opposition No. B 3 142 240.
This victory underscores our expertise in intellectual property protection and reinforces the rights of our clients to maintain their distinctive brands across the European market.
Case Background:
The opposition was filed based on an earlier EU trademark “YOUPIN” (EUTM No. 18 204 596), citing concerns over potential confusion due to the similarity between the two marks. The opposition centered on the alleged likelihood of confusion between “YOUPIN” and the contested mark WEIYOUPIN, particularly within English-speaking regions of the European Union.
Key Aspects of Our Defense:
Unified Protection Across the EU: We relied on the established principle that the unitary character of EU trademarks allows an earlier mark to oppose any application across the entire EU, even if the likelihood of confusion exists in only one part of the region. Our focus was on the perception of the English-speaking public, as this was a key area of concern for the opposition.
Likelihood of Confusion:
Verbal Element Analysis: We emphasized that while both marks share the elements “YOU” and “PIN,” the additional “WEI” in WEIYOUPIN plays a crucial role in distinguishing the two. Consumers may recognize “YOU” and “PIN” as common words, but the distinctive “WEI” significantly alters the overall impression of the mark.
Consumer Perception: We demonstrated that while consumers may break down verbal elements into familiar components, the distinctiveness of “WEI” adds a meaningful difference that reduces the likelihood of confusion.
Visual and Aural Similarity:
Visual Comparison: Both marks share six letters in the sequence “YOUPIN,” but the contested mark includes the three additional letters “WEI” at the beginning. Although the initial portion of a mark typically draws more attention, we argued that this addition alters the visual and conceptual impression sufficiently to distinguish the marks.
Aural Comparison: Phonetically, the marks are similar in their pronunciation of the “YOU-PIN” element, but the additional sound from “WEI” at the beginning of WEIYOUPIN contributes to a different rhythm and overall sound.
Distinctiveness of WEIYOUPIN:
Normal Distinctiveness: We successfully argued that the contested mark WEIYOUPIN is distinctive and not merely descriptive of the goods and services it represents. This further supported our position that the mark does not infringe upon the earlier “YOUPIN” trademark.
Consumer Awareness: We emphasized that average consumers rely on their imperfect recollection of marks, but the distinct addition of “WEI” reduces the potential for confusion.
Global Assessment of Confusion:
Comprehensive Evaluation: In the global assessment of the case, including factors such as market recognition, similarity of goods, and consumer perception, we established that any likelihood of confusion was minimal. Even for consumers with a higher degree of attention, the marks were found to be sufficiently distinct.
Outcome:
The Opposition Division ruled partially in our favor, concluding that there is no likelihood of confusion between the marks for many of the goods and services in question. The opposition was therefore partially rejected, allowing WEIYOUPIN to be successfully registered for the majority of the contested goods and services.
We extend our sincere thanks to our legal team for their dedicated efforts and strategic approach, as well as to our valued clients for their trust in IP CYPRUS. This success exemplifies our commitment to protecting and defending intellectual property rights across the European Union.
For more updates and information on how we can assist with your intellectual property needs, please contact us or visit our website.
