Sweden 13 May 2020

Defender defends itself from iDefend

The security company Atro Holding, based in Solna, Sweden, wanted to register the trademark iDefend in four classes, among others different types of security systems and surveillance cameras. Jaguar Land Rover Limited considered that there was a risk for confusion with their own trademark DEFENDER and therefore opposed registration of iDefend in Sweden.

Land Rover Defender is a well-known off-road vehicle model, and the trademark DEFENDER is, apart from vehicles, also registered within EU for safety systems. Jaguar Land Rover considered that iDefend was confusingly similar to their previously registered trademark rights for DEFENDER. They also tried to convince The Swedish Intellectual Property Office, PRV, that the trademark had a reputation and was well-known in the meaning of the Swedish Trademark Act, and thereby would have acquired a stronger and extended trademark protection than the registration shows.

PRV partially agreed with Jaguar Land Rover and cancelled the registration for iDefend in two of the classes where there was deemed to exist a likelihood of confusion with Jaguar Land Rover’s earlier trademark registration, namely for security systems and surveillance equipment. By contrast, PRV did not believe that Jaguar Land Rover had shown that their trademark was well known to the degree that it should also hinder such services in Atro’s application that were not covered by their previous trademark registration. Therefore, Atro may retain the registration for iDefend for call services, security services and monitoring services.

The decision can be appealed until June 1, 2020.


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