Beverages and hospitality services deemed similar

Companies can object to a new trademark if the signs are similar. The new trademark must also be filed for identical, similar or complementary products. If it concerns completely different products, then there is often no ground for objecting. For example, there are various companies that use the sign AJAX as a brand. Besides the Amsterdam football club, it is used as a brand for cleaning products as well as fire extinguishers. So how far does this similarity stretch?

In 1996, the wordmark HOTEL CIPRIANI is registered as a trademark in the European Union. The trademark is not only filed for hotel services, but also for hospitality services, such as bar services, catering and offering drinks and food for direct use. When the Cipriani family applies for its name CIPRIANI to be registered as a EU trademark for beers in 2013, Hotel Cipriani objects. The EU Court agrees. The trademarks are very similar (the word HOTEL is weakly distinctive). In a hotel, guests can often order drinks, including beer. Beers and hospitality services are therefore deemed similar. The mark was rightly refused, according to the Court of First Instance.

trademarks

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PURE - MENTOS

MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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