No Pompidou toothpaste
25 February 2013
It seems that some Russian applicants are short of inspiration in their own country and are forced to derive it from elsewhere. Or, they believe that giving the goods the acoustic fragrance of another country will be popular with consumers. In this case Rigla, a Russian pharmacy chain, filed a trade mark application (priority of March 18 2011) in classes 3 (cosmetics, toothpaste), 5 (pharmaceuticals) and for some classes (8, 25 and 35) for which goods will hardly be sold by a pharmacy. The applied designation was Pompidu. Despite slight camouflage in the spelling, the name of the former French president is clearly recognisable.
The Patent Office refused the registration in its totality.
The office action was due to the fact that the claimed designation was perceived as a name of French origin and is associated with the name of a famous French political person, Georges Jean Raymond Pompidou. Hence, registration of the claimed designation as a trade mark would elicit an incorrect association with France in the minds of consumers in regard to the goods. The applicant has no connection with France.
One might add to this that at least cosmetics and toothpaste do not sit well with a name of this caliber. The applicant appealed against the decision of the Patent Office at the Chamber of Patent Disputes. The Chamber upheld the decision of the Patent Office, dug deeper into the subject and presumably made some research. It stated that George Pompidou was a prime minister and president, and there is a National Centre of Art and Culture in Paris named after him. It was opened in 1977 at the initiative of the French President George Pompidou. The activities of the Pompidou Centre are dedicated to the studies and support of modern art in its different embodiments (fine arts, dance, music). The Centre Pompidou is very popular in France, third for attendance after the Louvre and the Eiffel Tower.
The collegium of the Chamber of Patent Disputes emphasised that the claimed designation would provoke a direct association with France, known on the world market as setting fashion in many respects including
Without regard to the quality of the claimed goods one should note that it is better to buy goods when you know their origin.
