ALPENSCHMAUS cannot coexist with ALPEN in Class 30

European Union

Aldi recently applied for registration of a figurative sign containing the word ‘alpenschmaus’ as an EU trademark for goods in Class 30. Weetabix Ltd opposed registration on the grounds of its older ALPEN mark. The court agreed with the appeal division that both signs were visually and phonetically similar and held that there was therefore a likelihood of confusion.

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