Nestlé blocks NIMO mark

Société des Produits Nestlé SA has successfully opposed an application for the mark NIMO in Farsi.

Golfam Talaii Alborz Co had filed an application for NIMO in Farsi covering goods in Classes 29, 30, 32 and 39 of the Nice Classification. Nestlé opposed the application on the basis of its ownership of the trademark NIDO in both Latin and Farsi. Golfam argued that the two marks were not confusingly similar because (i) NIMO was a Persian word transliterated in Farsi while NIDO was in English, and (ii) the marks bore no visual similarities.

The court held that although the marks were aurally similar, the visual differences between them would trump any likelihood of confusion among consumers. Accordingly, the court rejected Nestlé's opposition.

However, the appellate court reversed the ruling, finding that the similarity of the marks in pronunciation and spelling would cause confusion among consumers.

The appellate court's decision was published in the Iranian Official Gazette on April 11 2007.

Mohammad Badamchi, HAMI Legal Services Inc, Tehran