Same type of products
On 9 July, EUIPO rejected the opposition to the registration of the Ipanema beer trademark. Trademark rights allow you to act against someone trying to register a mark that closely resembles your older one and is used for the same type of products. That could cause confusion and constitute trademark infringement. However, if the products are of different types, then there’s generally no issue, as people are unlikely to confuse the marks.
Fundamentally different
Although both beer and coffee are beverages, EUIPO rightly pointed out that they are, of course, fundamentally different types of products. Beer, even non-alcoholic beer, has no relevant similarities to coffee. The nature and purpose of beer and coffee differ significantly. Furthermore, they are typically produced by different manufacturers and brought to market via different distribution channels, according to EUIPO. The products are neither complementary nor in competition, and so the opposition was rejected. The beer brand may be registered.
Gucci beer
That outcome was somewhat expected. But could it have turned out differently? Yes, only if Ipanema coffee had been a very well-known brand. If your brand is highly recognizable, you can assert rights even outside your specific product category. For example, launching a Nespresso beer would not be advisable. Thanks to its fame, a brand like Nespresso enjoys protection beyond just the coffee market and could easily block such a beer. But for lesser-known brands like Ipanema, this broader trademark protection doesn’t apply.
Bas Kist
