Opposition to BOS TRADING mark for speakers is sound

In BOSE BV v SC BOS Trading Impex SRL (Case 1010586/2004, October 17 2004), the Examination Committee of the Romanian State Office for Inventions and Trademarks (SOIT) has upheld in part the plaintiff's opposition to the registration of the mark BOS TRADING.

SC BOS Trading Impex SRL, a Romanian company, applied to register BOS TRADING and design with the SOIT as a trademark in Classes 8, 9, 16 and 17 of the Nice Classification.

US-based speakers and audio equipment manufacturer BOSE Corporation, through its affiliate BOSE BV, filed an opposition against registration based on the international word mark registration BOSE for goods and services in Classes 9, 37 and 42. BOSE showed in its opposition that the word element of the proposed registration was closely similar to its trademark while the figurative element was highly suggestive of products sold by BOSE.

The SOIT upheld BOSE's opposition in part and excluded the BOS TRADING mark from protection for goods in Class 9 ("speakers, auto loudspeakers, speakers accessories, mini-tape recorders, other apparels for registering, transmitting and reproducing sound and image, sub-assemblies and accessories of such"). It agreed that there was a risk that consumers would associate the two parties' marks.

The SOIT's decision may yet be appealed to the SOIT Re-Examination Committee.

Alexandru Harsany, Nestor Nestor Diculescu Kingston Petersen, Bucharest