Spring is coming and temperatures rise. Almost time for white beer on a terrace. And certainly for Erdinger’s white beers, which are also loved here in Weesp (the Knijff headquarters).
Would we have been confused this summer if we had seen a beer called Eidingber? Probably yes. These words visually look the same, which is partly due to the use of the same letters: E-DING-ER. The length of the brands reinforces this. Certainly when ordering Erdinger at the bar, the bartender could understand Eidingber.
This reasoning is also the argumentation of the EUIPO in the opposition Erdinger versus Eidingber in a nutshell. EUIPO found that there is a visual agreement (despite the graphical elements) and even a large aural similarity. And therefore, there is a risk of confusion, EUIPO rejects the trademark application.
The applicant also claims that they already have an identical trademark in Spain. This is of course not a relevant circumstance in this opposition and probably for Erdinger reason to look at this trademark. Not a very clever one, this argument.
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“Trademark protection gives freedom to do business.”