5th Jun 2020
The Registrar of Trademarks of Cyprus has ruled in favour of our client Instagram, in opposition proceedings filed by us on their behalf against the registration of a proposed trademark “Instaplace” for advertising services. Specifically, the Registrar held that the proposed mark Instaplace was largely similar both visually and orally to Instagram. Accordingly, it was held that this similarity presented a significant risk that the average consumer would consider the services provided by Instaplace as originating from and/or associated with those provided by Instagram.
In his decision dated 1 June 2020, the Registrar of Trademarks of Cyprus noted that although the services covered by Instaplace and those of Instagram are not identical, there is a relationship between them due to the expansion and development in the use of social networks as advertising channels in recent years. The Cyprus Registrar further noted that advertising, and specifically online advertising, is done, to a large extent, on the specific platform owned by the opponent in this case, i.e. Instagram.
The Registrar also emphasized Instagram’s global reputation and its long-term intensive use of the trademark for its social media platform, which has been active long before the filing of Instaplace. Consequently, the Registrar rejected the application for the registration of “Instaplace”.
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