Alicante
07 January 2013
Reporter: Mark Dugdale
No UK interest in Pinterest, rules OHIM
Pinterest's opposition to a Community trademark (CTM) for its name has failed.

The social-media scrapbook site filed an opposition to UK-based online news aggregator Premium Interest’s ‘Pinterest’ trademark in May 2012, following its publication in February of that year.

The trademark would be registered in classes 41 and 45, protecting the term in relation to education, training, entertainment, sporting and cultural, legal, security, and personal and social services.

Pinterest argued that its rights, specifically those it has gained during the course of doing business in the US, to use its name in the UK preceded those of Premium Interest, which is based in London.

But ruling in Premium Interest’s favour in November 2013, the Office for Harmonization in the Internal Market (OHIM) said that Pinterest had failed to show that it had used its name in the course of trade outside of the US prior to January 2012, when Premium Interest’s trademark was filed.

OHIM said: “The majority of the evidence that relates to the relevant period prior to the filing of the contested CTM ... merely mentions the name ‘Pinterest’ as a social network or explains its functionality, without showing any indication of use or knowledge of it by the relevant public in the United Kingdom.”

“Mere references to the website ‘Pinterest’ by ... United Kingdom newspapers and media do not mean that the public at large, to whom the services of the mark are addressed, are aware of ‘Pinterest’ to a sufficient extent to conclude that the non-registered mark is used in the course of trade of more than local significance.”

Pinterest can appeal against the decision, although it is facing oppositions to three of its own ‘Pinterest’ CTMs from Premium Interest, which were stayed pending the outcome of this case.

More trademarks news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
PIPCU launches IP Crime Directory
27 April 2016 | London | Reporter: Barney Dixon
The database will provide law enforcement with better tools to tackle counterfeiting
INTA welcomes World IP Day message
26 April 2017 | New York | Reporter: Barney Dixon
INTA says that WIPO’s message and its own goals are aligned
PIPCU and IACC respond to RogueBlock allegations
10 April 2017 | London | Reporter: Barney Dixon
Their new partnership prompted criticism from digital advocacy group the Electronic Frontier Foundation
IACC and PIPCU partner up
06 April 2017 | London | Reporter: Barney Dixon
The deal is an expansion of the IACC’s RogueBlock programme
Incopro partners with Corsearch
06 April 2017 | London | Reporter: Barney Dixon
The partnership will allow brands to monitor and protect their trademark and domain portfolios
Trump takes on counterfeiting with executive order
04 April 2017 | Washington DC | Reporter: Barney Dixon
The order asks for new strategies to combat violations of US trade and custom laws, including counterfeiting
BPTO forms new trademark acceleration group
03 April 2017 | São Paulo | Reporter: Barney Dixon
The Brazilian Patent and Trademark Office (BPTO) has created a new working group aimed at accelerating trademark application decisions