In an Estonian decision this October the Board of Appeal upheld an opposition filed by the International Olympic Committee (IOC) against the application by a local corporation, Olympic Casino Group AS, to register the words OLYMPIC-CITY CASINO as a trade mark for services in Classes 41 (gambling) and 43 (provision of food and drink). The IOC opposed, citing its earlier registered trade mark THE OLYMPICS for services in the same classes and alleging a likelihood of confusion.

The Board agreed that the marks were visually similar, given that the word OLYMPIC was the dominant element of both marks. The words ‘city’ and ‘casino’, being descriptive and commonly used, could not rescue the applicant's mark. Among the defences raised was the argument that, since Olympic Casino did not reproduce the Olympic symbol, protected under the Nairobi Treaty on the Protection of the Olympic Symbol, its mark should be allowed on to the register. This argument was a non-starter,since the opposition was based only on the IOC’s rights in its trade mark THE OLYMPICS, not on any entitlement to legal protection under the Nairobi Treaty.

Source: Almar Sehver, AAA Legal Services, Tallinn, writing in World Trademark Review.