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The General Court of the European Union (CJEU) ruled Thursday that the Spanish firm Galletas Gullon not be able to register as a trade mark in the European Union (EU) one of their cookies Twins appear excessively to the design of the american Oreo. According to the court, based in Luxembourg, the similarity between the two products, that have a bun formed by two crackers black with white cream in the middle, that would give Gullon an “unfair advantage” derived from the popularity of Oreo.
Cookies Gullon is reviewing this statement to assess the possibility of filing an appeal, as indicated by the company, with headquarters in Aguilar de Campoo (Palencia).
The galletera understand that the decision of the General Court of the European Union refers to “ a trademark registration in one container specific and not about a type of cookie ” and that, as set forth in the sentence “you can’t monopolize the manufacture of biscuits sandwich black with white fill”.
in Addition to Biscuits Gullon has been pointed out that this trademark is in conflict with the grant of an identical mark was granted by the Spanish Office of Patents and Trademarks, but this product is no longer being marketed.
In march 2015, Galletas Gullon requested before the Intellectual Property Office of the European Union (FISHING) the registration as a trademark of the EU for one of their cookies, whose design was notably similar to Oreo cookies. For this reason, the american society Intercontinental Great Brands LLC, which owns Oreo, said he opposed the registration of the said product , claiming risk of confusion with yours, that had already been recorded in 2009.
The SYSTEM estimated the opposition in September 2017, whereas Biscuits Gullon could “take unfair advantage of the reputation of the trademark of the american society.” Against this decision, the Spanish brand presented a recourse before the CJEU, which has been dismissed in the judgment, published this Thursday.
Gullon alleged lack of distinctiveness of the shape of the cookie, as well as the lack of popularity of the brand Oreo, the absence of similarities between the signs at issue and the absence of prejudice to the trademark of Intercontinental Great Brands.
The european Court dismissed as unfounded the arguments relating to the lack of distinctiveness of the shape of the cookies, because, in the words of the CJEU, the Intercontinental Great Brands “enjoying a popularity exceptional in Spain and throughout the Union” for your use “extended and intensive”.
“A consumer who resides in the same section of the supermarket such products will be induced to attribute to them the same characteristics,” said the TGUE, which ultimately confirmed the “absence of a just cause” for the use of the mark applied for Galletas Gullon.