A children’s clock brand, Oyster & Pop, has been formally asked to alter their logo, website, domain and name by the famous Swiss watch brand, Rolex.
Upon Rolex delivering a letter to Oyster & Pop raising their concerns about the similarity of the two brand’s names. The directors of Oyster & Pop stated that the letter was “nonsense” and “bullish”. It was stated by Rolex that there was a likelihood of consumers mistakenly confusing and linking the children’s clock brand to Rolex’s Oyster Perpetual watches. Even though Oyster & Pop was manufactured and retailed for the proposes of providing young children with educational guidance to tell the time and additionally being retailed at the average price of £20, Rolex argued that they possess a considerable market share of Swiss luxury watch market and therefore the average reasonably informed customer would reasonably associate Oyster & Pops logo to Rolex’s line of watches, which as a result misled their consumers.
However, the directors of the children’s watch brand expressed their concerns with this request and stated that having to change their branding could have a detrimental financial impact on their business. The directors offered to come to an agreement with Rolex and indicated that they would not manufacture or design any adult watches but also would not alter their brand’s name to just Oyster.
For this reason, many intellectual property specialists urge new companies to run a trade mark search which would save individuals and businesses the time and distress. This can be seen as an important preliminary step to take before any trade mark registrations or branding launches, as would raise your awareness and inform you of any other registered trade marks that are considerably alike or similar to your mark, which would likely to produce difficulty when it comes to the registration of your trade mark.
If you would like to discuss the protection of your brand, please do get in touch with the Trademarkroom team.