Tour De France Loses Trademark Opposition To German Gym Chain
There seems to be a direct correlation between the size of a sports league or group and the degree to which that same entity will jealously “protect” anything to do with its intellectual property. The International Olympic Committee is probably the apotheosis of this theory, though both FIFA and the NFL are strong showings as well.
Well, their much smaller cousin, the Société du Tour de France is now making an appearance, having opposed the European trademark registration for a German gym chain’s slogan, “Tour de X.” That phrase stems from the gym’s name: FitX. Unfortunately for the TdF people, EUIPO sided with the gym on the matter and, when it was appealed up to the courts, the courts did as well.
The French company holds the right to the expression TOUR DE FRANCE or LE TOUR DE FRANCE for its goods and services. The Tour de France is a prestigious annual men’s multi-stage bicycle race held primarily in France.
The Luxembourg-based General Court on Wednesday sided with EUIPO and dismissed Societe du Tour de France’s challenge.
“The public will not confuse the marks despite the identity or similarity of the goods and services,” judges said. “The only common element between the marks – ‘tour de’ – has a weak distinctive character and the degree of similarity between the marks is low,” they said.
It’s hard to argue against that. “Tour de France” is certainly a unique enough phrase to be deserving of trademark protection in the sports and apparel markets. But “Tour de” on its own most certainly is not. And since that’s the only commonality between the marks in this case, you can see the court’s point in siding with FitX.
The court went on to point out that “Tour de” itself is not only generic in nature, as well as being commonly used across all kinds of cycling and sports events, but is descriptive in nature. Put together, this opposition is a loser.
The Tour de France folks can appeal this up to the highest court in France if it chooses, but it should, instead, take the lesson that’s been taught by the lower court and move along.