The Italian Trademark Office recently rejected an opposition filed by Ferrero, owner of the world know Kinder trademark against an individual who registered the trademark “Kind Milk” in class 29 (milk and it’s derivatives).
Ferrero immediately filed an opposition in front of the UIBM claiming risk of confusion with several registered trademarks owned by the Italian food company, namely “Kinder”, “Kinder Milkosa” and “Kinder Milk Snack Point” as these trademarks are registered in classes 30 and 29 claiming a likeliness of confusion under art. 12 of the Italian Intellectual Property code (CPI).
According to the trademark office the goods covered by the conflicting signs were considered to be identical solely on the basis of what is specified in their applications for registration in the "milk and milk products" and for goods in Class 30 (pastry, confectionery and ice cream) but an alleged similarities between the signs do not exist and there is no risk of confusion among consumers and that the opposition should be rejected totally.
Consequently, the application for registration of the mark was upheld.
According to the trademark office the goods covered by the conflicting signs were considered to be identical solely on the basis of what is specified in their applications for registration in the "milk and milk products" and for goods in Class 30 (pastry, confectionery and ice cream) but an alleged similarities between the signs do not exist and there is no risk of confusion among consumers and that the opposition should be rejected totally.
Consequently, the application for registration of the mark was upheld.
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