Gaudi's Barcelona

31 July 2019

What do you call your hotel in Barcelona? Not quite original, but very suitable is the name Gaudi, the architect who has embellished Barcelona with his buildings. And so it happened.

The owner of the hotel Gaudi was smart enough to register this name as a trademark. This registration was crucial because an apartment complex came up with a similar name: Gaudi’s Nest. Although this apartment complex had a fabulous view of the Sagrada Familia, this trademark is considered to be too similar according to the EUIPO in a recent opposition decision.

Always interesting in opposition procedures are the argument brought forward by the applicant. In this case: does the Gaudi name belong to everyone as the defendant states? Certainly not. As long as a trademark meets the legal requirements, you can register this trademark and obtain an exclusive right. This argument is of course strange, because if the name Gaudi belonged to everyone, why did the defendant take the trouble to file the mark?

The existence of various other Gaudi-trademarks is also an argument that is used often in observations. However, this argument will only be considered if it can be demonstrated that all these trademarks co-exist in the market. This co-existence is very difficult to prove, not surprisingly, this argument is set aside in this opposition.

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