The Instagram trademark battle has just begun.

The Office for Harmonization in the Internal Market (“OHIM”) recently declared the registered Community trademark “instaweather” invalid, confirming the potential for confusion between Instagram’s well-known trademark and other marks that use the prefix “Insta” and the suffix “Gram”.

 The “instaweather” trademark was filed in January 2013 for goods in Class 9 (software), and it refers to an app that allows users to add weather information as tags to photos and then share those images on Instagram.

In its decision, the Office stated that the “instagram” and “instaweather” trademarks are similar when compared from a visual, aural, and conceptual standpoint. Furthermore, the Office determined that the “instagram” trademark enjoyed a strong reputation on the date the application for the “instaweather” trademark was filed, demonstrating that the app had millions of users and was considered one of the leaders in the social media sector alongside Facebook, Twitter, and Pinterest.

In light of all of the above, the OHIM subsequently declared the Instaweather trademark invalid.