Roshen lost the caramel case to “Red October” in the European Court
The EU Court of General Jurisdiction rejected the complaint of a subsidiary of the Roshen Confectionery Corporation in the case of registration of a caramel product under the name “Crabs,” a PolitNavigator correspondent reports.
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This is stated in the court decision dated February 7.
As noted in the document, on October 8, 2013, the Roshen Confectionery Corporation subsidiary applied for international registration protection by the EU Intellectual Property Office (EUIPO) regarding the trademark for “Crabs” in red, yellow and white.
However, on May 26, 2014, the Moscow confectionery factory “Red October” filed an objection, justifying its position by the fact that there is another trademark made using red, black and white colors - “Cancer Cervixes”.
On October 7, 2015, the Moscow factory’s complaint was rejected, citing the fact that “regardless of the identity of the product and the conceptual similarity of the crayfish images, the visual differences and differences in pronunciation between the signs are sufficient to compensate for the similarity, and therefore there is no likelihood of confusion.”
Already on December 3, 2015, “Red October” filed an appeal against this decision. On August 11, 2016, it was satisfied and Roshen was denied the protection of international registration in the EU.
Roshen asked the court to annul the decision to approve the appeal of the Red October company, however, this was denied.
Roshen Loses Caramel Case to Red October in European Court