Defending Defender

In 2019, Microsoft changed the name of its anti-virus programme from Windows Defender to Microsoft Defender. This was reason to file a trademark application in the European Union (albeit 3 years later.) This tardiness could cost Microsoft dear, as its application is now being attacked from two sides.

The question here is whether or not Microsoft Defender and Bitdefender are similar. The outcome of this opposition will certainly be interesting as the elements of Bit and Microsoft have a huge influence on the overall impression.

The second opposition came from a completely different quarter. Jaguar filed an opposition against this trademark on the basis of an older trademark, DEFENDER, which had been registered for goods in Class 9. However, Jaguar's trademark is also under attack, as a third party has filed a revocation action against it. The outcome of this case could be important for the MICROSOFT DEFENDER trademark, as if Jaguar’s trademark survives, it could prove to be quite an obstacle. In its defence, Microsoft will no doubt argue that the MICROSOFT element removes any similarity between the trademarks; nevertheless, the DEFENDER element remains identical to the older trademark.