General Court upholds Board of Appeal's Caffè KIMBO trademark decision

The General Court has upheld the Board of Appeal’s decision that there is a likelihood of confusion between the applicant’s ‘Caffè KIMBO’ mark, covering goods including coffee, flour and preparations made from cereals, bread, pastry and confectionery, and the earlier well-known unregistered Spanish ‘BIMBO’ word mark.

The Opposition Division held that the word CAFFĒ in the applicant’s mark was secondary and had a generic meaning for coffee and the figurative elements were subordinate and would be perceived by the consumer as merely decorative. Although it is generally recognised that a consumer will pay more attention to the beginning of a word sign, the difference between the initial letters K and B before the -IMBO was not determined sufficient enough to displace the overall impression that the marks had an average degree of visually and phonetic similarity. This part of the Opposition Division’s decision was upheld by both the Board of Appeal and the General Court…

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