Failed trade mark challenge over Canal+

A French TV and electronic communications hardware and services provider has fended off a trade mark challenge brought by a US firm. Paris firm Canal+ employs a distinctive trade mark logo , a colourful ellipse shape. US-based Gemstar Development applied to have Canal+’s trade mark registration denied and claimed that the trade mark would lead to confusion with its own videoplus+ brand of video recording technology.15 Oct 2001

Gemstar’s arguments were rejected by the UK Trade Mark Registrar’s office on the basis that, “there will be no confusion in the minds of the public in respect of the trade marks which will lead to confusion in the goods or services.”

Gemstar had said that the symbol + was descriptive and non distinctive and that the same was true of the word “canal” since it is the French word for channel.

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