Every big city seems to have a Harry's Bar, some of them
very famous, and so an attempt to trade mark the term across the EU
was an ambitious move. Harry's New York Bar SA ("New
York") was undeterred. It applied to register the mark
Harry's New York Bar as an EUTM in respect of various goods and
services in classes 25 (clothing etc), 30 (coffee, tea, etc), 32
(non-alcoholic beverages etc) and 43 (bar and restaurant
services).
Its application was opposed by Harrys Pubar AB
("Pubar"), in respect of all the goods and services
applied for. Pubar relied on earlier Swedish national mark
registrations for versions of a logo (above right) in classes 25
(clothing) and 43 (serving of food and drink through restaurant,
pub and café services") and a national registered trade
name for the words Harry Pubar Aktiebolag.
