Christmas Brands
The festive season is an important part of the traders' annual turnover. During this period, advertisers redouble their efforts to promote their products. And yet, there are relatively few registered trademarks on the theme and vocabulary of Christmas.
There are several reasons for this, which vary from country to country and from office to office. Here are some of them.
NOEL FRANCE or the attempted monopoly on the name "Noël"...
The first "Christmas" trademarks registered at the INPI (French National Institute for Industrial Property)The company NOEL FRANCE, which specializes in children's shoes, has filed a petition for registration. This Breton company exists since 1979. It takes its name from the founder, Mr Noël. Today, owner of several brands in France and abroad, the company actively defends its rights. It does not hesitate to take on brands that are far away from each other and that use the term "Noël".
On the strength of its anteriority, the company thus opposed trademarks such as "Noël des Alpes", "Noël de Luxe", "Noël à Vichy", "Noël Blanc". It even won an opposition against the trademark "Noëlle et les filles". This active defence explains why there are few registered trademarks with the expression for shoes and clothing. The company NOEL FRANCE has a real monopoly on the word in its field of activity.
In other countries, it is very difficult to file names in connection with Christmas, which are considered too descriptive. This is particularly the case in the United States.
In the United States, recurring conflicts over the "Christmas" brands
The word "Christmas" is often considered descriptive for typical Christmas products: trees (Christmas tree), decorations (Christmas ornaments). In this case, the marks cannot be registered because of lack of distinctiveness. It is not possible to claim a monopoly on such expressions, as this would infringe on free competition. The USPTO ensures that Christmas marks comply with certain rules.
However, some companies are trying to circumvent these rules, for example by registering the Cryptmas or Crystamas brands - which are pronounced almost identically to the famous English "Christmas", but which are neologisms and therefore original. There is also a doll called "Mary Christmas", playing on the consecrated expression.
Some applicants have even managed to convince the Office to register the Merry Christmas brands. for Christmas decorations (in a semi-figurative form to meet distinctiveness requirements). But these marks, although registered, remain weak. Indeed, how can one oppose a competitor's exclusive right to a common expression?
Conclusion:
To spend the holidays with peace of mind, Opt for brands that are not related to the holiday season.. If you insist on using "Noël", we recommend the pun: the marks "L'AMER NOEL", "PETIT BABA NOEL" or "L'AIN CROYABLE NOEL" were thus registered, and surely made the INPI examiners smile.