Lewis Hamilton loses race for trademark by 128 years

LEWIS HAMILTON has lost a threeyear trademark battle with a Swiss watchmaker over its Hamilton products, which have been sold since 1892.

The seven-time Formula One world champion was told he had no “natural right” to protect his “common” surname.

Lawyers f or t he racing driver launched the action against Hamilton International, part of The Swatch Group, in 2017, after the watchmaker t rademarked the Hamilton name throughout Europe.

44IP, a firm based in Malta established by the driver to oversee his image rights, claimed the company registered the name in “bad faith” and to prevent competition.

But the watchmaker was able to prove it had sold products bearing its company name since 1892. The European Union Intellectual Property Office subsequently refused the request submitted by 44IP for the trademark to be voided.

The ruling, issued by the Board of Appeal after an initial challenge failed, noted that Hamilton was “a rather common surname in English-speaking countries”.

“There is no ‘natural right’ for a person to have his or her own name registered as a trademark, when that would infringe third parties’ rights,” it said.

“No bad faith can be found on the part of the EU trademark proprietor. In fact, the EU trademark proprietor demonstrated a significant economic activity in the horological field since 1892.”

The EU court heard that 44IP had tried to trademark Lewis Hamilton’s name for goods including watches, smartwatches and jewellery. Hamilton International said making products “almost identical” to its own was “not appropriate or necessary”. 44IP was ordered to pay £893 costs in the case.