Sakata Seed Iberica is a spanish seed company. This company is trying to promote broccoli “passion” to children through a dedicated website and a broccoli named Broccolin. On the website you can read about the origin of broccoli, there are also presentations to children and you can download some recipes (the latter probably aimed to the parents).
Agricola Santa Eulalia is also a Spanish company and markets a broccoli under the name Mr. Broko. This company is not very amused by Broccolin and files an opposition against the European application of Broccolin. This opposition is based on their own mark of Mr. Broko (left).
What do these brands have in common? They are both brocolli “guys”. But this might create a conceptual similarity, the visual and aural similarity between the marks is not present. Often a conceptual similarity is not sufficient to create confusion between the trademarks. Like in this case: the EUIPO rejects the opposition.
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“Trademark protection gives freedom to do business.”