UK Intellectual Property Office finds for Beiersdorf in Nivea smoking trademark case

UK Intellectual Property Office finds for Beiersdorf in Nivea smoking trademark case

The UK Intellectual Property Office has stubbed out any hopes that Just Enough Programme had of securing a trademark for the word ‘Nivea’ combined with a circular swirl for use on cigarettes, electronic cigarettes and related products, according to a report published by the World Intellectual Property Review.

Beiersdorf, owner of the personal care brand of the same name, prevailed in the case, arguing that not only was the proposed trademark similar to its trademark for cosmetic products but also that its mark was so well known that consumers would assume a connection between the two brands, thus damaging its reputation as a skin care brand that supports Cancer Research UK.

“The use of Nivea for such goods would be in complete contrast to the reputation of the opponent’s earlier brand, which is synonymous with skin care and personal health,” said Carol Beckman, Director of Corporate Business Law Products and Trademarks for Beiersdorf in a witness statement, per the World Intellectual Property Review.

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