Trademark Battle: Nivea fights fire with fire in Nivea v. Just Enough Programme

September 18,2018:

In August 2017, Just Enough Programme (based in UK) applied at the UK Intellectual Property Office (IPO) to register a figurative mark featuring the word ‘Nivea’ and a circular swirl.

The mark was published in September 2017 for goods in class 34 covering cigarettes, electronic cigarettes and related products. However, German company Beiersdorf opposed the trademark stating it similar to their earlier ‘Nivea’ trademark which is registered for cosmetic products.

Beiersdorf argued that due to the popularity of the mark, the use of ‘Nivea’ for any goods or services would confuse the customers as they would believe that the two marks are related.

According to Beiersdorf, they have used ‘Nivea’ extensively since 1922 the advertising for Nivea skin cream in the UK dates back to the 1930s and their reputation will be damaged if the customer believed that the company had expanded into tobacco industry, considering Nivea’s support of charity Cancer Research UK.

In response to this, Just Enough Programme filed a counter statement stating that the public wouldn’t find a connection between the two marks as the businesses of the two are totally different.

On September 11, UK Intellectual Property Office (IPO) gave a judgement in which it stated that although there was a visual difference in respect to the circular swirl in the applied-for trademark, the word ‘Nivea’ is ‘virtually visually identical’. In conclusion, UK Intellectual Property Office (IPO) ordered Just Enough Program to pay £1250 ($1640) to Beiersdorf.

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