Is it permissible to use the same font and colors as TUI in the logo of a travel agency?
November 9, 2013 | 30,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
I will soon be opening a stationary travel agency named travelxxxxxxxx (I do not want to fully spell out the name here) and plan to launch a professional travel website under the same name next year. For my logo, I have chosen the same background color (blue) and font color (red), as well as a font similar to or the same as TUI - Travel Center. The name does not have any similarity to a name from TUI, but the industry is the same. In the second part of my name, I use a ü stylized as a smiley face with white eyes. Is it permissible to choose the same colors and stylize the ü as a smiley face? - Friends I have asked see a resemblance to TUI in the overall impression.
Thank you in advance.
Dear inquirer,
Thank you for your inquiry.
First of all: Without having seen the logo, which is unfortunately not possible within this initial consultation, a conclusive answer is not possible.
Nevertheless, I will try to give you an initial assessment based on the information you have provided.
Colors can also be legally protected. However, if you are using a "normal" red or blue color that is not inherently protected (which would rather be the exception), I do not see any issue with the color combination.
The name also seems to be completely different. Similarity is not a problem, as long as there is no risk of confusion. I do not see any confusion with the name.
One could question whether this smiley combination is protected. However, I am unable to assess this from a distance.
I hope this information has been helpful and wish you a pleasant weekend.
Kind regards from the North Sea
Dr. Danjel-Philippe Newerla, Attorney at Law
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