Different names
If there’s any trouble in Europe, it would be limited to only a few countries. After all, Unilever uses the heart-shaped logo worldwide for its ice creams, but the brand name varies by country. For instance, in Austria and Slovakia, it’s called Eskimo, in Germany it’s Langnese, and in France, kids ask for Miko. Only in the Netherlands, Belgium, and Portugal is the name “Ola” used. But could this lead to a clash in these countries with the Indian scooter brand?
Risk of confusion
Trademark law in Europe is primarily focused on preventing confusion between two trademarks. If consumers mistake one trademark for another or believe the two trademarks are connected, there could be a risk of confusion and, consequently, a trademark infringement. A key factor is the type of products the trademarks are used for. If two similar trademarks are used for identical or related products, consumers are more likely to be confused. However, if the products are entirely different, such as e-scooters and ice creams, confusion is unlikely. So, no confusion means no problem, right?
Connection
Well, that’s a bit too simplistic. There’s still reason to be cautious. Even if the products are dissimilar, a trademark owner still has an option to take action—at least if their trademark is well-known. The owner of a well-known trademark can oppose a similar trademark if consumers make a connection (a link) between the trademarks, even if it’s not actual confusion. The concern is this connection or association causes harm to the well-known trademark. This harm could be a loss of distinctiveness or reputation of the well-known trademark or the new trademark unfairly benefiting from the recognition of the older trademark.
Ice Creams and Scooters
But will consumers really associate the famous Ola ice cream with the Ola scooter? You never know, but I don’t expect it. Despite the identical brand names, the significant difference in the types of products—ice creams and scooters are worlds apart—should prevent the public from linking the brands. Apparently, Unilever shares this view, as the company did not object to the European trademark registration of the name “Ola” by the Indian company. However, Unilever is unlikely to be thrilled about it. The owner of a well-known brand prefers to keep it exclusive.
Bas Kist
