EU court overrules EUIPO in Lindt trademark dispute

2018/09/20

On September 19, The EU General Court annulled a decision made by the European Union Intellectual Property Office (EUIPO) that had gone in favour of Lindt & Sprüngli in a trademark opposition.

In July 2015, Germany-based Eddy’s Snack Company applied to register the word sign ‘Eddy’s Snackcompany’ for goods in classes 29 and 30 related to food and drink, including chocolate and other confectionery.

That same year, Switzerland-based chocolate manufacturer Lindt opposed the application based on its earlier German word mark ‘Teddy’ and the international word mark ‘Lindt Teddy’. The German word mark is registered under class 30 for chocolate and related products.

Lindt’s opposition was based on class 30.

In October 2016, the EUIPO’s Opposition Division rejected the opposition on the ground that consumers would be able to distinguish Lindt’s earlier trademarks and the applied-for trademark. However, in July 2017, the EUIPO’s Fourth Board of Appeal upheld an appeal made by Lindt.

The General Court annulled the board’s decision and ordered the EUIPO to pay its own costs and those incurred by Eddy’s Snack Company.

Source: WIPR