Lacoste lost its trademark dispute with a dental practice which used a (very dissimilar) crocodile in its logo a while ago. The coverage of the case in the media has been hard to miss not least because, I suppose, one hopes that the average person wouldn’t confuse his dentist with his tailor.

What surprised me though is that they apparently have a registration for ‘medical services’ in Class 44. And speaking of this registration, as Gareth Jenkins, Trade Mark Attorney at Marks & Clerk, said, “Lacoste had been granted blanket coverage for its crocodile emblem in a Community registration…” [1]

While the decision is certainly sensible, I’m not sure if it was the only possible decision in law.

Class 44 includes: Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.