On 17 December 2020, Amber K. applied for the registration of the trademark “House of Zana” in the United Kingdom for products in the “clothing” category (Class 25). However, this application was opposed by the Spanish company “Industria de Diseño Textil, Sociedad Anonima”, the owner of the well-known trademark “ZARA”.
The opposition was based on claims that the names are highly similar and that the use of “House of Zana” would create confusion among consumers and would unfairly benefit from the reputation of the “ZARA” trademark, thereby causing damage to it.
Amber K. defended her application by emphasizing that the mark has a distinct identity, is inspired by Albanian culture, and does not intend to benefit from ZARA. She explained that “Zana” has a meaning in Albanian mythology (fairy) and has no connection with the “ZARA” brand.
The Trademark Office analysed the case and assessed that, although the words “Zara” and “Zana” bear a partial similarity, the presence of the words “House of” in the proposed mark creates a clear distinction between them. It was determined that the average consumer would not confuse the two marks, nor would they think that they originate from the same source. Moreover, although the “ZARA” mark has a strong and widespread reputation in the fashion field, it was not proven that “House of Zana” unfairly benefits from that reputation or causes it any actual harm.
For this reason, the opposition was rejected and the application for the registration of the “House of Zana” trademark was allowed to proceed.
