Rejection
Especially for the 2024 Olympic Games in Paris, the company released a special Paris-themed tin. And, of course, a trademark registration was applied for this design as well. But that’s where things suddenly went wrong—the European registration for the lid was rejected.
The little flag
At first, I didn’t quite understand what the issue was. Why was this trademark rejected when all the other tins were approved? Only when I examined the image more closely did I get it: Les Anis had placed a tiny French flag at the top of the Eiffel Tower. And that’s where the problem lies.
Approval
Flags are protected under Article 6ter of the Paris Convention. You are not allowed to include them in your trademark registration. The reasoning behind this rule is that the public might assume the brand is being marketed with the approval or endorsement of the respective country—in this case, France.
Avoid flags
This case serves as another wake-up call for trademark holders: avoid flags in your trademark registration. No matter how small, a flag can ruin your application. Of course, Les Anis can easily fix this—just remove the flag and file a new application. But still, the costs of the initial registration are lost.
Bas Kist
Photo by Alice Triquet on Unsplash
