When Masis Tabak applies for a trademark for its cigarette packaging, Philip Morris successfully objects based on Marlboro’s red roof which is registered as a Union trademark. In the proceedings, the reputation of the red roof is not at issue. Masis disputes that the marks are similar. Masis’ logo consists of a stylised representation of two mountains, Mount Ararat (the mountain where Noah’s Ark landed).
The General Court does not follow this. In the Marlboro logo, the text drops out. Actually, one sees a red roof lying on a white triangle. Masis’ trademark has a similar dark shape at the top resting on two white triangles. The public does not recognize Mount Ararat in the shape. In the eyes of the relevant public the marks are similar.
The fact that in the application, Masis described that the logo represents two mountains is irrelevant. What matters is the perception of the consumer confronted with the sign, not the intentions of the applicant. The fact that the mark is registered in many other countries is not a valid reason for accepting the mark in the EU. The Court confirms that the mark was justly refused.
