Design more important than words Coca Cola vs Matser Cola

In order to optimally protect the goodwill of their brand Coca Cola not only registered the word COCA COLA as a trademark, but also the figurative elements surrounding it, such as the shape of the bottle and the font. Recently an application was filed for the logo MASTER, for soda, which was opposed by Coca Cola.

At first Coca Cola is not successful, mostly because MASTER is a word very different from COCA COLA. Because of this the consumer would allegedly not be confused. Words generally play a larger role when comparing two trademarks. The European Court, however, took an entirely different approach. The court noted that there were some striking similarities between the two trademarks as well. Both marks had a “tail” as an extension to their C and M, respectively. Furthermore, the typography was based on the (unusual) Spencer font.
Because the goods involved are supermarket products the design has a very important impact. The consequence of this is that the trademarks are in fact somewhat similar when taking this into account. The earlier ruling was overturned and it all ended for MASTER


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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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