The European Union Intellectual Property Office (EUIPO) recently denied the registration of the mark “CNTRBND,” citing a potential overlap with the established term “CONTRABANDO.” This case underscores the growing use of disemvoweling - removing vowels from words - as a branding strategy, raising questions about its legal boundaries.
The dispute revolved around whether the altered version of “CONTRABANDO” could coexist with its original form. The applicant, Cocktails & Prebatch AB, claimed that “CNTRBND” was an arbitrary, non-semantic identifier. However, the Opposition Division determined that Spanish-speaking consumers would instinctively reconstruct the missing vowels, creating an association between the two marks.
The ruling clarified that the public, particularly in regions where the original term is widely recognized, may mentally fill in the gaps, leading to a perceptible connection. The marks were deemed visually and phonetically comparable, increasing the chance of consumer misunderstanding.
For enterprises, this decision emphasizes the necessity of rigorous trademark evaluation. Brands must consider whether variations of their names or slogans could conflict with existing registrations. Regulators are increasingly prioritizing clarity for consumers over the novelty of such tactics.
Trademark ambiguity remains a central issue in EU legislation. This ruling reinforces that even abstract identifiers are not immune to legal scrutiny. Businesses must strike a balance between innovation and adherence to intellectual property standards, ensuring their branding does not inadvertently replicate protected terms.
As disemvoweling becomes more prevalent, the legal framework will continue to adapt. Marketers must navigate this evolving space, carefully weighing creative expression against the risk of compromising brand distinctiveness or infringing on existing rights.
IP Defender offers a solution by monitoring national trademark databases across 50+ jurisdictions, including the EU, USA, and Australia. The service employs advanced tools to detect potential conflicts, enabling brands to address risks proactively. By leveraging this expertise, companies can mitigate legal challenges and protect their intellectual property in a dynamic marketplace.