007 – The World is not enough, for two Double-O-Seven’s
Danjaq LLC, the exclusive owners of the famous and powerful trademark 007, recently took action against a Bulgarian company who applied for an international trademark through WIPO covering 82 countries.
The Bulgarian company, Ednolitchno Drustjestvos Ogranitchena Otgovornost, applied for the wordmark “007” in nice classes 32 (Beer), 33 (Alcoholic beverages (except beers)) and 34 (Tobacco; smokers’ articles; matches). Sweden, being one of the countries which the application covered, was one of the countries where Danjaq LLC first encountered problems regarding their objection against the application mad by the Bulgarian company.
Danjaq LLC referred to four previous EU-trademarks for 007, two wordmarks and two figurative marks, one with the gun and one without the gun. The trademarks does not cover the classes of alcoholic beverages or tobacco related products which the Bulgarian company applied for. PRV (The Swedish Patent and Registration Office) decided that the evidence presented by Danjaq LLC saying that the 22 007-movies had generated a turnover of 40 billion SEK whereof 600 million SEK only in Sweden was not enough to motivate a wider protection of the trademark.
Danjaq LLC was not happy about PRV’s decision and sent in an appeal to The Court of Patent Appeals. The Court decided that the long, extensive use, that includes all licensing since 1962 was sufficient to prove that the 007 was very well known and was entitled to broader protection.
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