How Rolex Lost its Crown: A Fashion Trademark Battle

In 2020, Rolex filed an opposition to the registration of a trademark by a Spanish clothing company that featured a crown design. Rolex argued that the use of the crown design on clothing would infringe on its own registered trademarks, which also featured a crown design. The company claimed that the use of the crown design on clothing would cause confusion among consumers and damage the reputation of its trademark.

The case was heard by the European Union Intellectual Property Office (EUIPO), which ruled that Rolex had not demonstrated that the use of a crown design on clothing would damage its trademark's reputation. The EUIPO's Opposition Division noted that the crown design was a commonly used symbol in the fashion industry and that it did not have any particular association with Rolex.

The EUIPO's decision was based on the principle of trademark law that recognizes that some symbols and designs are so common that they cannot be monopolized by any one company. In the fashion industry, for example, many designs and symbols are used by multiple brands. The use of stripes, polka dots, and animal prints are common in clothing design, and no single company can claim exclusive rights to these designs.

In the case of Rolex, the company was not able to show that the use of a crown design on clothing would cause confusion among consumers or damage its trademark's reputation. As a result, the EUIPO ruled that the Spanish clothing company was free to use the crown design on its clothing.

It's worth noting that trademark law must strike a balance between protecting a company's brand and allowing for competition and creativity in the marketplace. While trademarks are important for protecting a company's intellectual property, they cannot be used to stifle competition or limit the use of common symbols and designs in the marketplace.

The case number for this particular case is R 1311/2020-1, Rolex S.A. v. EUIPO. The ruling of the EUIPO's Opposition Division highlights an important point about trademark law and serves as a reminder that trademark protection must be balanced against the interests of competition and creativity in the marketplace.