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Design more important than words Coca Cola vs Matser Cola

Design more important than words Coca Cola vs Master 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

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

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Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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