Beer dispute over the letter C: how far does the protection of a single letter reach?

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Cruzcampo is the biggest and most widely drunk beer brand in southern Spain. This brand is owned by Heineken España. The brand's logo stands out immediately: a shield-shaped red and gold outline featuring the illustrated mascot Gambrinus, with the brand name Cruzcampo underneath.

The 'C' in Cruzcampo is a striking and elegant letter. Heineken has registered that letter C as a trademark. The mark came in handy when the Italian Birra Castello filed an European Union trademark application for beer that also includes a stylised C.

Heineken España opposed the European Union trademark application of Birra Castello, arguing that there was a likelihood of confusion, in other words that the public could think the beers came from the same company or from economically linked companies. The European Union Intellectual Property Office (EUIPO), however, rejected the opposition.

The goods were not the problem here: both marks were filed for beer. According to the EUIPO, a single letter can also perfectly well be a trademark. Visually, however, the EUIPO found that the signs are only similar to a low degree: the rectangular protrusion of the earlier C is a different feature from the symmetrical indentations of the later C. Aurally, the signs are identical, but that carries little weight in the case of a single letter. The EUIPO held that the marks differed sufficiently for there to be no likelihood of confusion. In its view, finding a likelihood of confusion between two differently stylised versions of the same capital letter would in effect amount to granting one party a monopoly on a letter for a particular group of goods.

The decision shows that a single letter may well be a valid trademark, but that where another mark uses the identical letter, there must be additional graphic similarity for the marks to be considered visually similar.

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.