Jägermeister blocks rival’s trademark bid
EU officials have denied a trademark application from herbal liqueur brand Alten Kräuterfrau after Jägermeister claimed the logo would ‘ride on the coattails’ of its branding.
Alten Kräuterfrau is a 35% ABV herbal liqueur produced in Italy by Polini Group.
A dispute over the brand’s ‘gothic’ logo, which appears over the top of a green, red and gold background, has been playing out with German liqueur brand Jägermeister since 2021, when it first filed its protests over Polini Group’s application.
At the time, these protests were rejected, with the Opposition Division deeming the marks to be dissimilar.
The EU Intellectual Property Office (EUIPO) said in its decision, published on 20 December 2022, that the signs were “found visually and aurally dissimilar and conceptually similar to a low degree for part of the relevant public who will associate both signs with hunting and conceptually dissimilar for the remaining part of the public.
“The board considered that the low degree of conceptual similarity for part of the relevant public is not sufficient to cause a likelihood of confusion, even if assuming that the earlier mark enjoys enhanced distinctiveness.”
However, Jägermeister persuaded the Board of Appeal to overturn the decision after proving there was a remote conceptual similarity between the two logos.
Polini then filed its own appeal, arguing that the public would not establish a link between the logos simply because they were visually similar. As such, Polini argued that Alten Kräuterfrau would not be taking unfair advantage of Jägermeister’s reputation.
However, on Wednesday 24 September, the EUIPO Board of Appeal upheld the ruling that Polini Group’s disputed logo would take unfair advantage of Jägermeister’s brand, noting that the “remote conceptual similarity” between the marks would be enough to create a link in the minds of shoppers.
The published decision reads: “The earlier mark [Jägermeister] has gained a high degree of reputation on the market in Germany for herbal spirits.
“There is a remote conceptual similarity between the signs while the signs are visually and phonetically dissimilar despite some resemblances in colours, gothic font and configuration.
“The earlier mark is inherently distinctive to an average degree. The relevant goods are identical. In light of the earlier mark’s high degree of reputation, a limited degree of conceptual similarity combined with the resemblances in the overall arrangement of the signs is sufficient to create an association between the signs when they are used on identical products that might be offered in the same section and on the same shelf next to each other in a supermarket, targeting the same consumers.
“The contested sign can profit from the attractiveness and the value vested in the earlier mark, which has been achieved by the opponent by costly marketing efforts and long-term presence in Germany. Since the goods in question are identical, the image and goodwill of the earlier mark can easily be transferred to the applicant’s products.”
The board added: “There are undeniable elements of visual resemblance, in particular, the configuration of the figurative and verbal elements of the signs, similar arrangement of the central part of the label, use of the gothic font in the main verbal elements of the signs and use of similar colour.
“The use and registration of the contested sign would, therefore, without due cause, take unfair advantage of the investments made by the opponent by riding on the ‘coattails’ of the reputation it has fostered in the earlier mark over the years.”
The Spirits Business recently explored how some brands and producers are able to copy others without breaking trademark rules.
Related news
Jack Daniel's loses trademark dispute
