The Hungarian Intellectual Property Office refused the application referring to Sec. 3(1)(b) i.e. for its misleading character. This ground of refusal is referred in respect of signs which indicate a special origin, type or quality, respectively a tie of positive expectation of consumers, which is not justified by the product. Considering their general impression the term OLYMPIKUS and the somewhat flatten circles refer to the Olympic Games. Consumers may reasonably think that the device is connected with the Olympic Games; the clothing was made for the latter.

The applicant requested review of the decision.

The Metropolitan Tribunal rejected the request of review. It was held that the general impression of the sign is that there is a connection with the Olympic Games. This connection is created by the word element, as well as by the graphics of the design, these elements strengthen each other and in their entirety they are suitable to mislead the consumers.

(1.Pk.20.425/2013).

Comments

1. The meaning of the word element of the applied mark is “Olympic-like”, the design element of it is different from the five-circle Olympic symbol.

2. As a result, the application was not rejected for covering the symbol of an international organisation, i.e. that of the International Olympic Committee [Sec. 3(2)(a)], but for its misleading character.

3. Typical misleading marks are “Best”, “Super”, “First”, use of which (without registration) are also prevented by competition law.

4. Another type of misleading mark is if in the list of products thereof there is any products in respect of which the trademark is misleading, e.g. TURBO DIET SHAKE for non-dietetic goods (Metropolitan Tribunal – 1.Pk.25.121/2010).

                                                                                                                                         Dr. A. Vida