Double G Logo ‘Can Only Be Used On Certain Products’

The Intellectual Property Office has revoked Gucci’s use of its well-known double G logo on certain classes of goods, on the grounds that it has not been used within a five-year period.

In a decision handed down last week, it was ruled that Gucci would be able to continue to use the marks on goods which fall under the Class 3 category of products in the UK, including “non-medicated toilet preparations” such as perfumes and soaps.

However, the use of the logo on the Class 14, 18 and 25 items including watches, handbags, coats and t-shirts has been removed following an application in June last year made by rival fashion brand Gerry Weber.

The company applied to revoke the mark for a lack of use between the years of 2003 to 2012.

The case relating to the Gucci logo is just one of several high-profile trade mark cases in the news in recent months.

Last month, the Court of Appeal ruled in Nestle’s favour regarding its ongoing dispute with Cadbury over the latter’s attempts to trademark the purple shade known as Pantone 2865c.

Expert Opinion

This Gucci case has highlighted one aspect of trade mark law and regulation that companies simply cannot afford to ignore – the fact that in the UK trade marks can be revoked if they are not used for a period of five years. <br/> <br/>“In the modern business world, having a recognised and well-known brand is a powerful tool for businesses. Because of this, it goes without saying that losing the right to use such logos could go on to have a massive impact on how consumers perceive a business and its products. <br/> <br/>“Businesses need to remember this five-year rule, particularly if they have changed branding or logos incrementally over a period of time and – as a result – simply fallen out of making use of the original. <br/> <br/>“Trade mark law is a very complex area and we would urge any businesses thinking about such issues to ensure they speak to legal specialists about how they can guarantee their brands are protected.” <br/> Joanne Bone - Partner