Societe du Tour de France has been unsuccessful in trade mark proceedings against German gym chain, FitX. The French company, which owns the rights in all Tour de France-related trade marks, had objected to the German chain’s application to register the figurative mark ‘Tour de X’ at the EUIPO.
Societe du Tour de France, holder of trade marks for “TOUR DE FRANCE” and “LE TOUR DE FRANCE”, had objected to the applied for trade mark on the basis that it would cause consumers to confuse the German brand’s products with the famed multi-stage bicycle race and erroneously associate the two as a consequence.
The dispute was ultimately heard before the EU General Court, which ruled that the EUIPO was correct to permit registration of the trade mark and that consumer confusion was unlikely. The judges concluded “The public will not confuse the marks despite the identity or similarity of the goods and services”.
If you have any questions on the above, feel free to contact a member of the team at 0191 281 4000 or alternatively at legal@mcdanielslaw.com.
