The Rennes Court of Appeal rejected the argument, stressing that ‘the average consumer, in this case the breeder likely to be interested in these products and services, is not necessarily Breton and, even supposing that he is, does not necessarily speak that language in addition, the word ‘EVEL’UP’ does not belong to the Breton vocabulary commonly shared by the non-Breton public, unlike other terms well known throughout France such as ‘kenavo’ or ‘armor’ for example.’” (translated from the original) Thus, in a recent case opposing the brands ELV UP and EVEL’UP, the owner of EVEL’UP had pleaded that this term referred to a word in the Breton language meaning ‘the same thing’ to translate the fact that the new structure had brought together two existing entities. “To our knowledge, the argument of descriptiveness in a local language has never been accepted to cancel a mark because the judges stress that the mark is a right of national scope and that its validity is assessed according to the average French consumer who, in general, does not know regional languages. Under French law, and as explained by our colleagues, attempts to invalidate registrations of Breton or other local languages words as trademarks usually fail because the average consumer does not understand their meaning:
As explained here, this approach can also be successful under US law. As they explain, such trademarking of local language terms that would be generic if translated can be successful under French law. They describe a case where a company named Krampouz that makes plates for cooking crepes registered the marks “KRAMPOUZ” and “KRAMPOUZ BILLIG.” The word “krampouz” means crêpe in Breton, and “billig” indicates the cast iron plate on which crêpes are traditionally cooked. We are delighted to share an interesting article by our colleagues in France, Catherine Muyl and Marion Cavalier, about whether and how a common word in a regional dialect can qualify as a trademark in France. By Squire Patton Boggs on MaPosted in France, Trademarks
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