Germany's Warwick
is claiming that Gibson Brands has finally surrendered its fight to own
the Firebird and Thunderbird shape trademarks in the EU.
According to a statement from Warwick: 'Gibson Brands has given up its
fight to own the Firebird and Thunderbird body shape trademarks in the EU
by withdrawing their appeal in the EUIPO. The EU-Trademark EU 9667866
consisting of the body shape of Gibson’s Firebird guitar and Thunderbird
bass was successfully cancelled for musical instruments in international
trademark class 15. This decision is based on a motion filed by
Hans-Peter Wilfer, CEO and owner of the German based Guitar Manufacturer
Warwick. The EUIPO in its cancellation decision of 11/10/2019 stated in
part that:
“Given the fact that several other manufacturers create guitars with a
similar appearance, including the applicant, it is highly unlikely that
the average consumer will rely solely on the shape as registered to
indicate its origin. They would rather look for other indications, such
as a brand name, to get more information on the manufacturer of the
goods. The design of the guitar would have to be a far more radical
departure from the norms or customs in the sector in order to fulfil the
essential function of indicating the origin of the goods for which
protection is sought. The public is used to different shapes of electric
guitars in the market.”
'Gibson had initially appealed the verdict, but has now formally
withdrawn this appeal thus fully accepting the decision of the EUIPO that
the Firebird and Thunderbird body shape is generic'.
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