According to the Court, non-alcoholic beverages are somewhat similar to ice cream, ice lollies, milkshakes and frozen yogurt. All these products are intended for human consumption and serve as refreshment. Furthermore, they are interchangeable. Consumers looking for refreshment can choose between a cold drink or an ice cream.
The products are distributed through the same channels, like snack bars, gas stations and supermarkets. The trademarks are visually, phonetically and conceptually very similar (a total of 3 words, nearly the same amount of letters, 2 of the words identical). Therefore, the trademark is refused for these goods. The decision proves the importance of a well-chosen classification of the goods and services. The right combination of generic and specific terms provides a broad protection of a trademark.
