Lewis Hamilton loses trade mark battle

Lewis Hamilton, well-known for his many victories on the circuit, has lost a three-year trade mark battle with Hamilton International. The matter arose following Hamilton International’s application in 2014 to register the term ‘Hamilton’ for a range of goods. Lewis Hamilton wanted to stop Hamilton International from using his surname to sell and market watches.

The European Union Intellectual Property Office (EUIPO) held that Lewis Hamilton has no natural right to protect his ‘common’ surname, amongst other reasons. As such, the company is able to continue using Lewis’ surname. The EUIPO also pointed out the fact that the company had been using the word ‘Hamilton’ to market its watches since 1892, 93 years before Lewis Hamilton was born.

It’s an interesting decision which highlights the importance of registering trade marks and of receiving appropriate advice concerning applications to invalidate a trade mark.

McDaniels Law has a wealth of experience in dealing with trade mark matters. If you would like further information about our services, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.