Our news on intellectual property

Happy-Cola, Happy Cola: same name, different product

No similarity between confectionery and drinks according to a decision of the Federal Administrative Court (April 15, case B-2585/2020). These product categories may contain similar ingredients and the diversification strategies may overlap. But the judges deemed that they are not substitutable. Also, they both cover a broad range of goods. Some specific goods in these categories are similar but this does not mean that one entire category is similar to the other. Same name but different product equals no risk of confusion for consumers. Happy or not, cohabitation with the newcomer in the register. This decision illustrates the importance of carefully drafting the list of goods and/or services when filing a trademark – at the earliest but with no compromise on attention to detail. Because that’s this trademark as it is today that will allow to defend the brand in the future. And… stay happy!

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Based in Geneva, SEDIN assists you in protecting, enhancing and defending your trademarks and intellectual property assets in Switzerland and internationally.

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