Who says my brand is notorious?

A decision of the Euipo Opposition Division (Please case) argues that in order to prove the reputation of the mark in a given territory, a knowledge threshold is necessary, to be assessed mainly on the basis of quantitative criteria such that the earlier mark must be known by a significant part of the public interested in the products or services identified by the same. Second, the evidence must be considered globally, in the sense that each clue must be weighed against the others, while information confirmed by multiple sources is generally considered more reliable than facts derived from single isolated references.

The Opposition Division indicates that the most suitable means to demonstrate the reputation of a brand are the market share it holds or the position it occupies on the market compared to competitors’ products as well as opinion polls and market surveys.  Therefore, independent indications must be provided on: (i) sales volume, (ii) market share held, (iii) recognition or awards obtained by the brand, (iv) position in brand rankings in the relevant sector, (v) annual reports on the economic results certified by independent bodies and (vi) market surveys by independent bodies on the perception of the sign by the relevant public.