Max states that his trademark is pronounced in Dutch (everyone knows his name), so as MAX EEN (the number refers to his starting position in Formula 1). Due to the combination with the number 1, the trademark refers to his person. The trademark Air Max consists of English words. It is pronounced AIR MEX. Not only does that sound totally different, it is conceptually different as well.
The BOIP disagrees, stating that both trademarks will be pronounced in English in the Benelux and the public may think that Max 1 is a sub-brand of Nike. According to the BOIP, the name Max 1 is not (yet) synonymous with Max Verstappen in pole position.
The BOIP follows Nike’s reasoning that Max is seen as an abbreviation for maximum and that Max’s prominence is not a factor. With regards to the conceptual comparison, there is much to disagree with. The issue here is precisely the combination of Max with the number 1. In my view, the verdict could just as easily have fallen the other way, because of the prominence of Max Verstappen in pole position in Formula 1.
