ECJ backs Kraft in Milka’ trademark case

Confectionery giant Kraft has won an important precedent-setting ruling at the European Court of Justice (ECJ) to protect its Milka’ mark, for chocolate, cocoa, bakery, sugar, ices, milk and other products.

Judges have ruled that Vivartia ABEE ProÔ

¯onton Diatrofis kai Ypiresion Estiasis, of Greece, cannot register as a European Union (EU) trademark its Milko’ sign, written in western Latin and Greek alphabets, for “milk with cocoa” products.

The court ruled, “There is a likelihood of confusion”¦” between the two marks, even though the Kraft version has no Greek lettering. The decision could affect future cases where EU regulators or judges try to decide whether a trademark is sufficiently different from a previously registered design to gain legal protection. Here the court said that adding different alphabet versions of a word which is similar to another trademark may not sufficiently distinguish the design.

In this case Vivartia had been fought by Switzerland-based Kraft Foods Schweiz Holding. The Greeks also argued their narrow product range would also prevent consumers being confused ” but the ECJ disagreed. The ruling noted earlier conclusions by European Union trademark regulator OHIM that “milk with cocoa’ was similar to the goods for which the earlier trademark had a reputation, namely chocolate and chocolate products.”