CHOCO TWISTERS and TWIST not confusing

The Athens Administrative Court of First Instance has dismissed an opposition filed by Kraft Foods AS against an application to register the mark CHOCO TWISTERS in relation to chocolate in Class 30 of the Nice Classification (Case 17819/2002, January 22 2007).

Kraft opposed the application on the basis of its Community trademark TWIST registered for the same products.

The Athens Administrative Court of First Instance determined that there were significant differences between the marks at issue which prevented any likelihood of confusion. In particular, the court held that the mere fact that the national application consisted of two words while the Community trademark consisted of a single word rendered the marks quite distinct.

Moreover, the court was satisfied that the overall visual and phonetic impression given by the TWIST mark was substantially different from the one created by the CHOCO TWISTERS mark.

Accordingly, the court dismissed Kraft's opposition.

Eleni Lappa, Dr Helen G Papaconstantinou, John V Filias & Associates, Athens