Trademark News & Screw-ups Love's labours lost for Cartier in trademark case

If you simply read this article (or many other articles that covered this same topic), you would be left wondering, why would the judge say that the word "love" "should be free for traders to incorporate into their trademarks for jewellery" and allow the applicant to register a trademark that simply says "LOVE GOLD." It's only after reading the decision itself that it becomes clear that this is not what the case was really about. What the judge said is that Cartier owned a very particular graphical representation of the word "love," not the word itself. He also said that the applied-for LOVE GOLD mark contained enough distinctive elements that would make it trademarkable. Apparently, the Chinese characters do not have any meaning, which is what made the mark registrable. I'm actually torn here. Since I don't know Chinese, my eyes skip over that part of the logo and only see "LOVE GOLD," which, of course, would not be trademarkable by itself, using the judge's own standard. Thing is, this case was heard in Singapore where most people do understand Chinese. Apparently, this became the game-changer for the judge.

The video below features Andrei Mincov's commentary of this article.



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