Colin Kolles’ team will participate in the 2023 FIA WEC under the name of Vanwall Racing, despite rumors that question this thing.
Following a decision by the European Union Intellectual Property Office (EUIPO), British media say the team’s registration for the evening is in jeopardy. The situation, however, is much more complex than the simple fact that Kolles (or Vanwall GmbH, formerly PMC GmbH) has lost its case against Sanderson International Marketing Ltd (SIM).
In conclusion, Vanwall’s participation in the World Cup is completely independent of these proceedings, because the entry itself has never been contested.
Vanwall Vandervell LMH, By Kolles Racing
Photo by: Vanwall Group
Kolles has held the worldwide rights to the Vanwall name since 2021. In the European Union, however, the name was already assigned to the SIM. Kolles’ lawyers therefore asked SIM to cancel the Vanwall trademark due to an alleged non-use of it. SIM had also sub-licensed to Vanwall 1958 Ltd.
The decision within the EU only concerns this request, so it was not a judicial proceeding, even if lawyers were involved. The EUIPO is a regulatory body and Kolles had previously had success with a similar request in Australia.
The EUIPO canceled SIM’s trademarks in four categories and partially in the crucial 12 class. Instead, it retained its rights to produce road and racing cars, which form part of the 12 class. This means that SIM is still authorized to produce cars of these two types and therefore authorized to call its cars “Vanwall”.
![Vanwall Vandervell LMH, By Kolles Racing](https://cdn-2.motorsport.com/images/mgl/YKEZ4lO0/s8/vanwall-vandervell-lmh-bykolle-1.jpg)
Vanwall Vandervell LMH, By Kolles Racing
Photo by: Vanwall Group
Colin Kolles’ racing team, however, was not adversely affected by this ruling, but Kolles has announced plans to legally challenge this decision. In a statement released to some media outlets, including Motorsport.com, he said: “The misunderstanding about the rights has been created by the media due to a general lack of understanding of the intricacies of the matter and how exactly the trademark system works. Of As a result, it is easy for people to be misled and to draw erroneous conclusions.”
“I want to point out that Vanwall GmbH has initiated the process of deleting Sanderson’s registrations, and this process will continue until the previously registered Vanwall trademarks are deregistered.”
“Vanwall GmbH has complied in every way with the requirements of the law and, if necessary, will take legal action to enforce its legal rights. The brands Vanwall and Vandervell are owned by Vanwall GmbH, as are the brands of the ‘V’ logo”.
![Vanwall Vandervell LMH, By Kolles Racing](https://cdn-3.motorsport.com/images/mgl/0oOElD10/s8/vanwall-vandervell-lmh-bykolle-1.jpg)
Vanwall Vandervell LMH, By Kolles Racing
Photo by: Vanwall Group
Former speedboat racer and owner of SIM, Iain Sanderson, says he does not want to take legal action against the Kolles brand, but argues that it should race under a different name within the EU.
“We are obeying what the EUIPO has said. We are not protesting anything else – he told Motorsport.com – I wish Kolles to be able to race as ByKolles, but not as Vanwall in the EU, as the brand does not belong to him, but legally it is ours and the EUIPO says so in a professional and well-studied ruling”.
It should be noted, however, that Sanderson has already attempted to cancel Kolles’ Vanwall brand. The proceedings were suspended in July 2022 pending a decision on the cancellation request filed by Kolles against SIM.
If Kolles goes to court, it could be many years before a final ruling is reached.
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