CHANEL vs. Simb DOO: A High-Five For Trade Mark Evidence

I was reading an article published on The Fashion Law this morning about a recent decision in an EU trade mark opposition between CHANEL and Simb D.O.O. relating to the marks / 'No. 5' (of CHANEL) and (of Simb D.O.O.) and I think there are some great lessons to be learnt here. This case highlights the importance of evidence in trade mark opposition cases and is useful to bear in mind for large fashion and cosmetics companies when protecting and enforcing their brands. Even if a brand is super well-known and its notoriety is self-evident in the 'real world', it will not be assumed by a Trade Mark Office. Brand owners cannot rely on 'expected' knowledge of a brand and unless actual evidence is provided to prove this, the reputation or 'enhanced distinctiveness' of a brand will not be taken into account.