Bimbo, was it worth all the dough? Community trademark rejected

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By Rosario Valdez-Knight

In the winter 2012 issue of its Brands Update, Taylor Wessing reported on a decision from the EU General Court (GC) in the case of a Community trademark for BIMBO DOUGHNUTS in relation to ‘pastry and bakery products, specially doughnuts’ and an opposition based on the earlier Spanish mark DOGHNUTS in the name of Panrico registered for ‘pastry products and preparations… products and preparations for cakes… round-shaped dough biscuits… biscuits’. In a nutshell. the GC confirmed the Board of Appeal’s decision and found that there was a likelihood of confusion between both marks and although it accepted that the word DOUGHNUT was descriptive in English it was not so in Spanish and rejected the argument that the word BIMBO was the dominant element of the proposed mark.

The GC’s decision was appealed to the Court of Justice of the European Union. The advocate-general has delivered his opinion and concluded that the appeal should be rejected on the following basis…

Click on the link below to read the rest of the Taylor Wessing briefing.