A cautionary tale for US businesses that currently offer products or services in the European Union or intend to do so in the near future. In 2012, Pinterest, Inc. filed a trademark application in the European Union (a CTM application) for its trademark PINTEREST. Premium Interest filed an application for PINTEREST only 10 days earlier. Pinterest opposed Premium Interest’s application. Premium Interest opposed Pinterest’s application. Pinterest’s opposition against Premium Interest’s application was rejected. Pinterest has appealed this decision and action has been suspended on the Premium Interest opposition pending the outcome of the appeal.
Sound messy? You bet. Since trademark rights in the European Union are (generally) based on who files the first application, the outcome does not look promising for Pinterest.Take advantage of the recent dip in the euro and file your CTM application to protect your brand. The up front investment in your trademark could save you significant time and money down the road.