BlackBerry’s BBM faces Trade Mark Challenge
06 January 2012 Category News
It is one of the most popular messaging systems in the world, but Research in Motion (RIM) is facing a legal challenge over its name. The BlackBerry service is known and has been marketed as BBM (short for BlackBerry Messenger); but these initials also form part of a trade mark held by a Canadian broadcasting industry group, BBM Canada.
Trade Mark Infringement Claim
BBM Canada has launched legal action to try and prevent RIM from using “BBM” to identify and promote its messaging service. BBM Canada has been in existence since the mid-1940s, and has registered its trade mark in both Canada and the United States. It said that although it is a much smaller enterprise than RIM, it has still been mistaken for part of the mobile phone manufacturer’s company – with users ringing its offices for customer support.
Offer to Re-brand BBM Canada
A spokesman for BBM Canada said it had approached RIM and offered to re-brand, as long as RIM paid its costs to do so. He said no reply had been received and so BBM Canada had launched legal action in order to protect its trade mark from infringement. The action began in 2010 and is still ongoing, with a court hearing scheduled for early 2012.
Second Trade Mark Case for RIM
RIM recently lost a separate trade mark case, as it tried to use the initials “BBX” for its latest operating system. It was challenged in court and told that it could not use the mark, leading to RIM naming its system BlackBerry 10. Sources have said that RIM would have been advised that the BBX trade mark was already in use; and it may also have known that BBM Canada already held trade marks that included the initials “BBM”.
Another Big Name Trade Mark Case
Competition amongst smart phone manufacturers is fierce and a name that is instantly recognisable in the marketplace is a vital weapon in the fight to be market leader. “BBM” has established itself amongst RIM’s estimated 50 million users and the company may suffer if it is ordered to cease using the initials to advertise the messaging service. It will be hoping that the court finds in its favour.
Trade Mark Advice from SH&P
At SH&P, we can give you professional, expert trade mark advice to help you protect your brand and your product. Our commercial experience means that we can give you practical help that allows you to concentrate on making a success of your business, whilst secure in the knowledge that your intellectual property is protected. Your first hour’s consultation is absolutely free, so make an appointment today.
