Italian confectioners Ferrero SpA, famed for their Mon Cheri chocolates, have succeeded in blocking the attempts of Swiss pastry maker Cornu SA from registering as a Community trade mark the word Ferro. The European Court of Justice considered that, given the similarity of the words Ferrero (protected as an earlier German trade mark) and Ferro, and the similarity of the businesses' respective goods, there was a likelihood of confusion among the relevant public. Said the court:
"There is a risk that customers will confuse products such as Giotto, Raffaello and Mon Cheri marketed under the trade mark Ferrero and salty biscuits marketed under the trade mark Ferro".
This dispute has been running for eight years. This decision overturns that of the European Court of First Instance, which rejected Ferrero's challenge in 2006, saying the minimal similarity between the names and the distinctive character of the Ferrero brand did not create a risk of confusion.
"There is a risk that customers will confuse products such as Giotto, Raffaello and Mon Cheri marketed under the trade mark Ferrero and salty biscuits marketed under the trade mark Ferro".
This dispute has been running for eight years. This decision overturns that of the European Court of First Instance, which rejected Ferrero's challenge in 2006, saying the minimal similarity between the names and the distinctive character of the Ferrero brand did not create a risk of confusion.
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