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Denmark - Protection for Well-known Trademark Upheld

The Danish Maritime and Commercial Court has issued a decision refusing registration of the trademark AMW for various automobile parts as a result of an objection by Bayerische Motorenwerke AG on the basis of its well-known trademark BMW. The court reasoned that, since the BMW mark was extraordinarily well-known, it should be afforded broad protection against other marks that might, under ordinary circumstances, be considered to be less similar to one another. The court held that use of the AMW mark could imply some connection with the owners of the BMW mark and would improperly exploit and cause harm to the distinctiveness and reputation of the BMW trademark. This decision focused not on the more customary issue of similarity of goods or services, but on the issue of the similarity of the marks themselves and the extent to which well-known marks should be granted protection against arguably dissimilar marks.


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