No logo HelloFresh

The trademark application for the HelloFresh logo has been opposed successfully by the Czech company Linea Nivnice. It argued that the HelloFresh logo is confusingly similar to its word mark and logo HELLO. The Board of Appeal agrees with the European trademark authorities. But how is that possible? Can a company just claim to own a general word like HELLO?

The average (Czech) consumer perceives the word HELLO as a greeting. HELLO is therefore not descriptive for food and drinks. Even though it's a commonly known word, for fruit it is distinctive (fruit doesn't say HELLO when you squeeze it). This is different for the FRESH element. The average consumer will understand that it applies to fresh fruit, so this is deemed descriptive.

Both trademarks begin with HELLO and are therefore similar. It concerns identical products, so the logo is refused. This ruling once again demonstrates the importance of claiming protection for trademarks and logos in time. Even if the sign consists of commonly used words.

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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?