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Jun 25, 2012
Laura Orlando, Simmons & Simmons, Italy
Martina Maffei, Simmons & Simmons, Italy

Kinder: Sweet victory with the European Court of First ...


Laura Orlando, Simmons & Simmons, Italy, Martina Maffei, Simmons & Simmons, ItalyOn 16 May 2012, the European Court of First Instance (CFI) issued its judgment on a dispute involving the well-known mark Kinder and its registered holder, the Italian confectionary company Ferrero (case T 580/10).

The dispute arose in 2002 when a German individual filed an application for the Community trade mark "Kindertraum" in classes 15, 16, 20, 21 and 28. Ferrero challenged the registration by filing a notice of opposition on the grounds of its earlier mark "Kinder" in classes 16 and 28. In 2009, the OHIM upheld Ferrero’s opposition against the registration and that was confirmed by the OHIM’s Appeals Commission in 2010. The German applicant had appealed with the CFI on the basis that the sign “Kinder” was merely descriptive for the Italian population, thus could be afforded a narrower scope of protection.  read more