Confusing Similarity – Little More Than A Crapshoot?

In this article, we'll be looking at four recent cases that deal with the issue of confusing similarity between trade marks. When you've finished reading this you may well think - good heading! We'll start in the EU.

European Union Intellectual Property Office ("EUIPO")

Philadelphia v Vegandelphia: cancellation

There is an EU trade mark registration for Vegandelphia. The trade mark appears in the colour green and in a stylised script. The letter "i" is represented by a leaf device, and the words "by Yogan" appear in a much smaller script below the word. The registration is in class 29 and it covers goods such as cream spreads, fats, vegetable oils and vegetable extracts. It is owned by a Portuguese company called Costa and Casimio.