Christmas Brands

The end-of-year holidays are an important part of the annual turnover of retailers. During this period, advertisers redouble their efforts to promote their products. However, there are very few brands registered with the Christmas theme and vocabulary. 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, specialised in children's shoes, has filed a complaint. This Breton company exists since 1979. It takes its name from the founder, Mr Noël. Today, holder of several trademarks in France and abroad, the company actively defends its rights. It does not hesitate to attack brands that are far away, but which use the term "Noël". On the strength of its precedence, the company has thus opposed trademarks such as "Noël des Alpes", "Noël de Luxe", "Noël à Vichy" and "Noël Blanc". It even won an opposition against the trademark "Noëlle et les filles". This active defense explains the few trademarks registered with the expression for shoes and clothing. The NOEL FRANCE company has a real monopoly on the word in its field of activity. In other countries, it is very difficult to register names related to 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: Christmas trees, Christmas ornaments. In such cases, trademarks cannot be registered because they are not distinctive. It is not possible to claim a monopoly on such expressions, as this would undermine free competition. The USPTO ensures that Christmas trademarks comply with certain rules. However, some companies try to circumvent these rules by registering, for example, the trademarks Cryptmas or Crystamas - 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 traditional 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.