Experience

The decision to refuse registration of AVIATOR revoked

In the examination of the trademark AVIATOR (see also Ray-Ban AVIATOR sunglasses) the Estonian Patent Office concluded that AVIATOR is descriptive and non-distinctive for sunglasses, glasses, and the like. The Office found AVIATOR as only indicating that the sunglasses, glasses, etc. are meant for airplane pilots and AVIATOR therefore only indicating the goods’ target group. The Office refused registration of the trademark for the said goods.

We represented the trademark proprietor in the Industrial Property Board of Appeal (Board of Appeal) in appealing the decision to refuse registration. The Board did not deny that consumers would know the meaning of the word AVIATOR. However, the Board sided with the proprietor in that the average Estonian consumer wouldn’t regard the mark as descriptive and non-distinctive. The Board regarded the link between the marks alleged descriptiveness and non-distinctiveness to be artificial whereas basically all goods’ target group could be airline pilots.

In view of evidence put forward by both the Office and the proprietor as well as evidence of the same trademark häving been registered as a EUTM as well as a national mark in various EU countries, the Board concluded that the descriptive and non-distinctive nature of AVIATOR with regard to the Estonian market had not been convincingly evidenced by the Office. The Board revoked the Office’s decision to refuse registration and obliged the Office to continue the examination of the mark in view of the established circumstances. 

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