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Trademark protection in the non-profit sector: How to avoid conflicts?

Veterinarians Without Borders vs. Doctors Without Borders

For non-profits, trademark registration can be just as crucial as for commercial organisations. A recent case between Doctors Without Borders and Veterinarians Without Borders illustrates how even established organisations can face challenges when protecting a brand name.

The Case: Veterinarians Without Borders vs. Doctors Without Borders

Doctors Without Borders needs little introduction. Veterinarians Without Borders, on the other hand, is not a spin-off of the well-known aid organisation but an independent non-profit that has been active in animal health care for over 40 years. In the past, the organisation successfully registered a figurative mark (2017 and 2021), consisting of a logo with graphically distinctive elements. However, when they recently applied for a wordmark registration for “Veterinarians Without Borders,” they faced opposition from Doctors Without Borders.

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Arguments of the parties

Doctors Without Borders argued that the similarities between the signs could lead to confusion and that their mark enjoys considerable reputation. The use of the name Veterinarians Without Borders, they claimed, could result in dilution of their mark and an unfair advantage (free-riding).

Veterinarians Without Borders denied that the signs were confusingly similar and argued that the reputation mainly pertains to the French name ‘Médecins Sans Frontières.’ They also referred to the neutralisation theory, a concept we recently discussed in our blog on APPLE vs OPPLE, which suggests that conceptual differences can neutralise visual or phonetic similarities.

BOIP’s ruling

The BOIP did not accept the arguments of Veterinarians Without Borders. It determined that there were visual, phonetic, and conceptual similarities between the marks, creating a risk of confusion. Even for the goods and services where there was no direct overlap, the BOIP found it plausible that Veterinarians Without Borders could be perceived as free-riding on the reputation of Doctors Without Borders.

Relevance for non-profits

This case highlights that trademark registration is equally vital for non-profits. Even without a profit motive, a strong trademark registration can prevent legal conflicts.

Remarkable assists various non-profits and healthcare organisations with trademark protection, including 11.11.11, HERW!N, Kringwinkel, BELvue Museum, Oranje vzw, Mobilant, Wit-Gele Kruis, and AZ Zeno.