Plaintiff: Starbucks Corporation
Defendant: Tchibo Markenverwaltungs GmbH & Co. KG
Case no.: R 820/2021-5
Jurisdiction: European Union
Industry: Food and Drink
Decision date: 28 Mar, 2022
Subject matter: Descriptive elementProof of useProprietor consentNon-distinctive
The similarities between the signs at issue arise solely out of the presence, in those signs, of the word ‘BLONDE’, which, on account of its descriptive nature, will only slightly attract the attention of the average European Union consumer. Likewise, the capacity of that expression to identify the goods and services at issue as coming from particular undertakings and thus to distinguish those goods and services from those of other undertakings must also be held to be slight, if any. The impact of that word on the global assessment must be held to be low. Furthermore, the inherent distinctiveness of the earlier mark rests on the component in the initial position. ‘STARBUCKS’ and that of the mark applied for on the figurative element. There is no Likelihood Of Confusion even if goods and services are identical or similar to varying degrees.
STARBUCKS BLONDE
Can I submit a photo of my physical storefront as a trademark specimen?
What is the price of an additional trademark class in New Zealand?
I would like to register a trademark under my LTD name, and not as a person, is it possible?
I want to register an AU trademark in one class; how much would that cost?
