The Opposition Division of the European Union Intellectual Property Office held the signs to be similar, triggering an immediate link with the Instagram logo. To back-up the opposition, Instagram also claimed reputation and provided extensive evidence in support. The Opposition Division, when considering the evidence, further held that the Shantanu's logo would take unfair advantage of the distinctive character or repute of Instagram's mark. The application was refused and the opposition successful.

It is important to note that if marks are similar, you are likely to face objection from owners of the earlier marks if covering the same goods and/or services. Further, you are likely to be unsuccessful in registering your mark if you are against mark with reputation. Always carefully consider the mark you want to register and ensure you have conducted relevant searches to reduce immediate risk. If you know of identical or similar marks on the register, consider changing your mark early on, as it can be quite costly to defend your mark against the earlier marks. There are however other options available such as reaching settlement between the parties and so on.

Please feel free to reach out if you require our assistance in defending your mark or you need help protecting your selected mark.