EUIPO OPPOSITION Decision No. 079 509
(24/02/2020)
Scottish distillery Ardbeg has been successful in defending its
brand before the EU Intellectual Property Office (EUIPO). The
distillery was first founded in 1815 and its trade mark has been
protected in the UK since 1911.
An individual from Liechtenstein filed an application for the
mark AlbergWhisky covering "alcoholic beverages (except
beer)" in Class 33 and "Food and beverage
treatment" in Class 40.
Ardbeg distillery owner and LVMH subsidiary Macdonald &
Muir, also known as The Glenmorangie Company, filed an opposition
against this application based on EU mark ARDBEG covering
"whisky; wines, spirits and liqueurs".
A trade mark opposition is successful if there exists a
likelihood of confusion on the part of the public. In evaluating
this, the EUIPO compares the goods and services covered by the
marks and then compares the signs themselves.
