Grupo Osborne is known for (amongst other products) its sherry. Probably everyone recognizes the bull left, a quite distinctive logo.
Since the bull is so distinctive, Grupo Osborne defends this logo actively. For this reason it filed an opposition against another logo with a bull.
Both logos have a silhouette of a bull. Only the position is different: the latter seems to be the mirrored image of the other. But in the contested logo, the bull is just one of the elements, there is a sunset, the whole is placed in a pan and the logo contains the words “paella del arte”.
Is this logo similar to the logo of Grupo Osborne? The EUIPO finds the logos dissimilar and rejects the opposition. In appeal, the Board does not take a different view on the matter: the differences prevail. Moreover, the Board of Appeal finds the bull not very distinctive: the image of the bull is abundant in the streets in Spain and is mainly seen as decoration.
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“Trademark protection gives freedom to do business.”