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War for a cup of coffee – European trademark oppositions

War for a cup of coffee - European trademark oppositions

Deac sells CAFEMA coffee to companies in the Netherlands. COFFEMA produces coffee machines for the professional market. In order to protect its trademark rights COFFEMA seeks to register her name as a trademark with the European authorities. Deac opposed this action, stating that coffee and coffee machines are so connected, that the market may think that the products originate from the same company.
 

The court agrees, which is striking. Previously, the European Court had ruled that even wine and glassware were not sufficiently connected with each other.
The Court specifically mentions this case but suggests that in order to prepare coffee from Deac a coffee machine is needed. Therefore, this time there is a stronger connection between the goods. The goods are complementary and the brands sufficiently similar in the opinion of the court, so much that confusion is expected. Therefore, a ban on the use of the name brand for COFFEMA for coffee machines, and for use as the company name, followed.
 

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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