Cinkciarz.pl wins against MasterCard. The Polish company invalidated in Europe two trademarks of the American giant, one representing two overlapping black and white circles, and another representing two intersecting rings.
MasterCard did not agree to the registration of overlapping circles in the word-graphic trademarks comprising Cinkciarz.pl’s logo. For this reason, MasterCard filed oppositions against the registration of Cinkciarz.pl’s trademarks to the European Union Intellectual Property Office (EUIPO) in Alicante, Spain, claiming a similarity to previous MasterCard trademarks. In response, Cinkciarz.pl filed requests for invalidation of the two MasterCard trademarks. In response to the objections, the EUIPO ruled that the disputed trademarks consisting of simple geometric elements representing overlapping circles or rings lack distinctive character and did not acquire such distinctiveness through use. The decisions of the Office in Alicante are not final and binding. MasterCard may file appeals within two months of the date of their issuance.
