Trade Marks

Euro Interest in Trade Mark for Pinterest

January 06, 2014

Photosharing site Pinterest fails in opposition to third party registration of PINTEREST trade mark.

By Aaron Wood on Monday 6th January 2014.

The photo sharing website Pinterest has lost a case to block the registration of the mark PINTEREST by a third party. Whilst Pinterest launched as long ago as 2010, it did not secure trade mark protection for the name PINTEREST at that point. It was only later in 2012 that it sought to register the name in the European Community as a European Community trade mark (CTM). Unfortunately it had been beaten to the register by another company, Premium Interest Ltd, that applied to register the mark a few weeks prior to Pinterest. Pinterest opposed Premium Interest’s application, but they were unsuccessful as OHIM, the CTM Registry, concluded that Pinterest had not shown that it had earlier unregistered rights at the time Premium Interest applied to protect the mark themselves. Whilst this is unlikely to be the end of matters for Pinterest, it shows the danger in waiting to protect your trade mark. Pinterest is a well-funded company and may well now have the means to fight on and to subsequently overturn the decision. In most cases, however, businesses do not have the funds to fight and if they do not apply to register they run the risk that a third party may register the mark first and may then demand that they cease all use of the mark. It is worth checking that all marks of interest are clear to be used and are protected to avoid the risk of having to re-brand. If you have any questions concerning this case or how it might apply to you, please get in touch with your usual contact at Swindell & Pearson Ltd or Aaron Wood at [email protected]

Swindell & Pearson has been helping businesses and individuals protect and defend their ideas, innovations and brands for over 130 years. With its head office in Derby, the firm also has offices in Stoke, Wolverhampton, Stafford, Sheffield and Burton. To find out how Swindell & Pearson can help you with any intellectual property requirements please get in touch via [email protected] or by telephone on 01332 367 051.