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IP News

By Howard J. Shire and Joseph Mercadante
July 30, 2012

Rolex Can't Block Ralph Lauren from Registering RLX Mark

The U.S. Patent and Trademark Office's Trademark Trial and Appeal Board issued an order holding that Ralph Lauren Corp.'s products bearing the trademark RLX do not infringe Rolex's trademark ROLEX. The mark RLX is displayed next to the well-known RALPH LAUREN mark. “[G]iven the different connotation and commercial impression engendered by the presence of the well-known mark RALPH LAUREN, when viewing the mark in its entirety, consumers will perceive RLX as Mr. Lauren's initials and not an abbreviation of ROLEX.” Slip Op. at 22. “Because the marks are sufficiently different, the du Pont factor of the dissimilarities of the marks outweighs the other relevant du Pont factors.” Id. at 25. The opposition was dismissed.

Howard J. Shire is a partner and Joseph Mercadante is an associate in the New York office of Kenyon & Kenyon LLP.

Rolex Can't Block Ralph Lauren from Registering RLX Mark

The U.S. Patent and Trademark Office's Trademark Trial and Appeal Board issued an order holding that Ralph Lauren Corp.'s products bearing the trademark RLX do not infringe Rolex's trademark ROLEX. The mark RLX is displayed next to the well-known RALPH LAUREN mark. “[G]iven the different connotation and commercial impression engendered by the presence of the well-known mark RALPH LAUREN, when viewing the mark in its entirety, consumers will perceive RLX as Mr. Lauren's initials and not an abbreviation of ROLEX.” Slip Op. at 22. “Because the marks are sufficiently different, the du Pont factor of the dissimilarities of the marks outweighs the other relevant du Pont factors.” Id. at 25. The opposition was dismissed.

Howard J. Shire is a partner and Joseph Mercadante is an associate in the New York office of Kenyon & Kenyon LLP.

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