In 1994 the Portuguese trademark 4EVER was registered for fruit juices in class 32. The trademark holder objects the application by a third party for FOREVER, applied for fruit juices mixed with aloe, a few years later. Plaintiff claims that the trademarks are similar. The court agrees with this. The most important parts of the trademarks are the words. By used of text message language on internetfora, e-mail, blogs and online games, the number 4 is read and understood as FOR. Knowledge of English varies per country, but a large portion of consumers in Portugal is familiar with it. Because of this the trademarks are aurally and conceptually similar. Since the products are nearly identical, FOREVER will not be registered.
