Risk of Confusion
Verstappen, or rather the company Mavic that manages his IP-rights, objected to the Benelux registration of GO TO THE MAX, based on the registered trademarks Max and Max Verstappen. The trademark GO TO THE MAX has been applied for, among other things, clothing. According to Verstappen, there is a significant similarity between the trademark Max and GO TO THE MAX, which could confuse consumers. Moreover, Verstappen believes that the Max Verstappen trademark is very well-known. The entrepreneur behind GO TO THE MAX is simply trying to capitalize on the fame of the Max Verstappen brand, according to the Formula 1 driver.
Low Similarity
However, BOIP refuses to accommodate the celebrated driver. Firstly, BOIP states that the similarity between the trademarks is minimal. This is not only due to the stylized letter S that appears above, but also because the element MAX in GO TO THE MAX (a well-known expression) does not have an independent and distinctive position, according to BOIP.
Max Verstappen a Well-Known Brand?
“But I am a world-famous brand,” Verstappen argued. Doesn’t that entitle me to broader protection under trademark law? No, Max, you are a very famous person, but that does not make you a well-known clothing trademark, according to BOIP. Therefore, you cannot claim the extensive protection scope that well-known brands receive. GO TO THE MAX will get its registration.
Trump
It’s not uncommon to see famous people thinking they can extend their great fame as individuals to their trademark registration. Recently, Donald Trump also unsuccessfully claimed the fame of the trademark Trump for hotels. The person Donald Trump is world-famous, but that does not make the trademark Trump for hotels a well-known brand. A famous person is different from a famous brand. Burberry and Levi’s are well-known clothing brands, but Max Verstappen is not.
Bas Kist
This article was published on June 7, 2024, in Adformatie
