The average (Czech) consumer perceives the word HELLO as a greeting. HELLO is therefore not descriptive for food and drinks. Even though it’s a commonly known word, for fruit it is distinctive (fruit doesn’t say HELLO when you squeeze it). This is different for the FRESH element. The average consumer will understand that it applies to fresh fruit, so this is deemed descriptive.
Both trademarks begin with HELLO and are therefore similar. It concerns identical products, so the logo is refused. This ruling once again demonstrates the importance of claiming protection for trademarks and logos in time. Even if the sign consists of commonly used words.
