Misleading
The applicant for Ferrara Caffè filed the mark for the products coffee, tea and cocoa. EUIPO considers that misleading. After all, the mark clearly indicates that it is intended for coffee (caffè). You cannot then also claim such a mark for products such as cocoa and tea, because that would mislead consumers, according to EUIPO. So the mark is refused for those products, but may proceed for coffee.
Registration?
For the time being, then, there is nothing wrong for Ferrara, at least as far as coffee is concerned. But will this mark now simply be registered? That remains to be seen. I can still see two obstacles ahead.
Obstacle 1 is the previously mentioned Ferrari. The application is at a very early stage and still has to go through the entire registration procedure. Once the mark is published, holders of earlier similar marks will have three months to file an opposition. I would be surprised if Ferrari did not make use of that opportunity.
Another obstacle?
But I see another obstacle ahead: that little Italian flag. In principle, you are not allowed to include a flag in your trademark. Now, one could debate whether this should really be seen as a flag. You could of course also say that it is nothing more than a small triangle in the colours green, white and red. Let’s see how EUIPO views this.
Bas Kist
Photo by Krzysztof Hepner on Unsplash
