SNICKERS V PEANUT & CARAMEL: An Appetising Decision

• The IP Court found that there was a likelihood of confusion between a  figurative mark containing the words 'Ankara çikolata peanut & caramel' and earlier SNICKERS marks
• The Regional Court of Appeals agreed, and the Court of Cassation dismissed the appeal
• The well-known status of the opponent's marks in the food sector enhanced the likelihood of confusion between the marks

A recent IP Court decision has highlighted the impact of conceptual similarity and well-known status on the likelihood of confusion analysis.

Background

The opponent challenged the contested trademark at the administrative stage before the Turkish IP Office ('the office') on the basis of a likelihood of confusion, the well-known status of its marks in Türkiye and in countries party to the Paris Convention, and bad-faith filing.