The Bank that is not a bank

Trademarks Designs

In 2022, a press article appeared that thanks to internet banking, the number of physical bank branches has been significantly reduced. These often large buildings were given a new purpose. For example, bank branches were transformed into an ‘atmospheric’ city villa in Breda, a meeting place for young people in Helmond and a museum in Terneuzen. The possibilities are endless.

The Dutch family business WestCord Hotels also saw an opportunity and took on an old bank office. To protect its name, the company tried to register a trademark for THE BANK in the Benelux in 2022. The name was applied for, among others, hotel services. However, The Bank was refused by the Benelux Office on the grounds that it was descriptive and not distinctive.

The Benelux Office argued that when buildings that (once) had a certain purpose are rezoned, they would then mostly retain the name of their former function and thus would then be descriptive. So if a building used to be a post office, it would be called Het Postkantoor (The Post Office) or an old church building would be called ‘De Kerk’ (The Church). Because banks often have a certain prestige due to their size and layout, this could also say something about the quality of the services. In addition, these services could be provided in a bank office, which would make it descriptive. Incidentally, previous registrations such as Bar Kantoor (Office Bar), Groot Handelsgebouw (Great Trade Building) or Amstel 111 (you can guess where this building was located...) were permissible. Finally, the Benelux Office was of the opinion that competitors should be able to continue to use the name of the building.

In appeal, the Benelux Court of Justice did not agree with the Benelux Office's arguments. It stated that if a building previously served as a bank office, this is no indication of the quality and nature of the services that are now provided there. This seems logical to us, as there are also less attractive bank offices (see the beautiful DNB building in Amsterdam) and also less appealing cafés and restaurants in beautiful buildings. All in all, the quality and content of the services are not related to the word itself. Consumers will not interpret The Bank as an indication of the origin or quality of the services.

In terms of competition, the Court of Appeal also wanted to note that the possibility that competitors may also want to use the word is no reason to refuse registration. For that to happen, the sign would really have to refer to the service in question or have an easily recognisable, essential characteristic. As mentioned before, this was not the case here. The Court of Appeal even states that now that competitors must use a different name, the influence of the former function of a (bank) building will be displaced in the consumer's mind.

Many more banks will probably disappear in the coming years. If WestCord's competitors want to set up shop here, they will have to come up with something other than The Bank. Maybe just Amstel 222?