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ARTICLE · 24 FEBRUARY 2016

Deja brew? The use of ORO as a trademark

Bespoke
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As was the case with the Cantarella decision in Australia, the effect of this Kraft ORO decision will be wide reaching.

AustraliaIntellectual Property

By Jeremy Szwider

We recently commented on Cantarella's ground breaking High Court decision in relation to the use of the word 'ORO' (meaning 'gold' in Italian and Spanish). There is now further judicial reasoning supporting this decision.

No longer confined to Australia, the General Court of the European Union considered a similar case (relating to biscuits instead of coffee) in Nutrexpa v OHMI – Kraft Foods Italia Intellectual Property (Cuétara Maria ORO1).

Kraft's ORO trade marks

Kraft Foods Italia (Kraft) owns several trade marks with the word 'ORO' in relation to biscuits and snack foods. Nutrexpa, a rival company, applied to register the Community Trade Mark (in relation to similar goods) as depicted below:

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