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Trademark “RADIOTUBERS” is considered compatible with “YOUTUBE”

In May 2016, the Spanish Broadcasting Society (Cadena SER) filed the trademark “RADIO TUBERS Los 40” to protect services of classes 35, 38 and 41. This trademark owned a distinctive image as well as including the logo of the famous music-radio network “Los 40”.

The American corporation Google filed an opposition against this application before the due date, invoking the confusion that, according to them, could be produced with their trademark “YouTube”, protected in the same classes, among others.

The Spanish Trademark Office (OEPM) accepted the opposition, refusing the application of Cadena SER as well as the eventual appeal which tried to modify the refusal.

Despite both negative precedents, the Spanish justice now agrees with the applicant, as the Superior Court of Justice of Madrid has fully accepted the litigious appeal filed against the decision of the Spanish TMO. In the ruling of October 24th, 2018, this Court dismissed the opinion of the Spanish TMO, therefore confirming that the coincidence of the suffixes “TUBERS” and “TUBE” is not sufficient to declare incompatible both signs, as the main distinctiveness is not limited to this phonetic root, existing moreover other substantial differences that allow differentiating both trademarks.

Cadena SER has been represented by ABRIL ABOGADOS in the judiciary proceeding.

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