Dinosaur Heading For Extinction

The General Court has upheld a Board of Appeal decision that a figurative mark representing a dinosaur was similar to an earlier dinosaur mark, and that there was a likelihood of confusion between the marks.

Franmax UAB applied to register the mark (represented above left) in relation to goods in Classes 29 and 30. Ehrmann AG Oberschonegg opposed on the basis of its earlier mark, (above right) which also covered goods in Classes 29 and 30.

The Opposition Division had partially upheld the opposition and rejected the application for preserved fruits, compotes, milk and other milk products in Class 29, and coffee, cocoa, artificial coffee, pastry, confectionery, preparations made from cereals, spices and ices in Class 30. The Board of Appeal annulled this decision in so far as it related to preserved fruits and spices, but dismissed the appeal as to the remainder.