Trademark registration

But that trademark application is now facing some resistance. The famous French winery Chateau Palmer has filed an opposition against Palmer’s UK trademark application. The French are not happy that the footballer is trying to register Cold Palmer for alcoholic beverages. In addition to the UK, Palmer has also applied for protection across the entire EU. The French chateau has not yet opposed that application, but but we can assume that it will do so.

Cole Palmer
Source: Aditya Firman / Shutterstock.com

Alcoholic beverages

The Chelsea star clearly has ambitious plans for the Cold Palmer brand. He has applied for registration covering a wide range of products: from cosmetics to razors, from phone cases to watches, from clothing to coffee. And of course, alcoholic beverages, including wine. It is only against this last category — alcoholic drinks — that Chateau Palmer objects. The rest presumably doesn’t concern them.

 

Chateau Palmer

Chateau Palmer vs Cold Palmer

What are the footballer’s chances? Slim, I think. The case is relatively straightforward: the French winery owns an older registration for the Chateau Palmer mark covering wine and other alcoholic drinks. One could argue that “Palmer” is the most distinctive part of that trademark. On the other side, we have the newer mark Cold Palmer, also for alcoholic beverages. In that brand too, “Palmer” takes center stage. Add to that the huge reputation of Chateau Palmer, and it’s easy to conclude that we’re dealing with trademark infringement.

Unsolicited advice

My unsolicited advice to Cole Palmer: cut your losses and simply drop the alcoholic beverages from your trademark application. You won’t win against this famous French winery. Then go ahead and keep building Cold Palmer for all the other products — from drones to hair removal products, from vitamin supplements to earrings. Those things fit a top athlete much better than alcoholic drinks anyway.

Bas Kist

 

This article was previously published on Adformatie (in Dutch).

Banner photo:  Vitalii Vitleo / Shutterstock.com

Bas Kist is mede-oprichter van Merkenbureau Chiever. Hij schrijft regelmatig artikelen over merken- en auteursrecht in de Volkskrant en Adformatie. Daarnaast is hij docent bij de European Institute for Brand management EURIB.