Trademark Cookie with Reputation
On November 29, the EUIPO’s opposition division ruled that the shape of the Oreo cookie qualifies as a trademark with a strong reputation. The European trademark registration for the Maxon packaging, owned by Algerian company Sarl Sobco, infringes on Oreo’s trademark rights. Despite the Maxon packaging being purple and featuring its own brand name, consumers would inevitably associate the cookie shown on the package with the well-known Oreo cookie. The Algerians thus unfairly benefit from the reputation of the Oreo cookie, which is prohibited.
A Boost for Oreo
This is a significant victory for Oreo: securing a European trademark for the shape of its product, backed by its strong reputation in the EU. It’s a rare achievement. But now it’s time for action! This decision offers crucial support for tackling all the imitators. Time to strike while the iron is hot!
Easy Targets
Duplex and Okidoki, with their Oreo-blue packaging, are now easy prey. The same goes for brands like Borneo and Festival Recreo, not te mention their names ending in “eo.”
Slightly More Challenging
A tougher case might involve products like Black & Whites and Twits & Shout. While their packaging looks notably different, the cookies are undeniably 100% Oreo knockoffs. With the Maxon ruling in their favor, Oreo should still be in a strong position here.
Speculation
For years, I’ve been baffled by Lidl’s Neo packaging. How have they managed to get so close without facing repercussions? Surely, it should be easy for Oreo to get Neo off the shelves. Or … could there be behind-the-scenes agreements between Oreo and Lidl? Something like, “If you leave Neo alone, we’ll give Oreo a prime spot in your stores.” No, surely not. That’s just speculation.
Bas Kist
Banner Photo by ABHISHEK HAJARE on Unsplash
