Tiffany & Co.: The Challenge of Proving Trademark Reputation

You already know what reputable trademarks are!™️🎈

One of them is the trademark of Tiffany & Co which belongs to LVMH 👜👛👗💃👢👠

But is it difficult to prove such a reputation for a trademark?™️

Sometimes the answer is yes, and Tiffany & Co. found this out in a dispute against the shoe manufacturer Tiffany & Broadway before the Polish patent office and then also before the courts.™️🧑🏻‍⚖️👩🏼‍⚖️👨🏽‍⚖️

In this dispute, the court pointed out that the assessment of whether a given mark is reputable should be based on the following conditions, such as: 👉🏻significant knowledge of the mark,
👉🏻market share of the mark,
👉🏻intensity and geographical scope of use,
👉🏻intensity of association of goods with the mark,
👉🏻amount of expenditure incurred on advertising and
👉🏻promotion of the mark.

Although proving reputation is not an easy task, it should be borne in mind that reputable marks benefit from a broader scope of protection!