Gone In A Flash - EUIPO Cancels Two Polaroid Marks Over Simple Shape

Rivalries between competitors can often lead to some of the most interesting trade mark battles. The present case - which has so far received only limited exposure - is no different. With the initial decision having recently been appealed and a resolution not looking likely any time soon, we decided to sharpen our focus, take a look through the viewfinder and see what this case is really all about (and yes, get as many photographic puns in along the way as possible).

A historical take

The cancellation actions in question concerned two very similar EUTMs (EUTM014940076 and EUTM 016217267) owned by PLR IP Holdings, a holding company of Polaroid. They were filed in 2015 and 2017, respectively, for various electronic goods in class 9, clothing etc. in class 25 and printing services and the like in class 40. One of the marks also covered lighting goods in class 11. Both had faced objections of non-distinctiveness (Art 7(1)(b)) during examination, but surprisingly, only