Trademark: Tic Tac wins ‘container’ case against MikMaki Sweets

March 12,2019:

A Trademark application was filed to register a container by BMB, a Polish confectionery firm, who manufactures Mik Maki sweets.

The Trademark was opposed by Ferrero, maker of Tic Tac mints, as BMB’s mark violated a shape mark it uses for Tic-Tac containers.

The General Court objected that the mark filed by BMB can lead to confusion with the mark already filed by Ferrero. The appeal to file the mark by BMB was rejected this earlier month by The Court of Justice of The European Union (CJEU), ruling that the General Court was correct in its earlier judgment.

BMB’s shape trademark was registered on November 15 2007 with the European Union Intellectual Property Office (EUIPO). Ferrero filed an application aiming to declare the trademark invalid on July 11, 2011. Ferrero's own trademark registered on March 12 1974, in France for a 3D shape. The Cancellation Division said, “There could be confusion and annulled BMB’s trademark on April 25, 2012”. BMB appealed the decision. But this was dismissed by the Third Board of Appeal of EUIPO in a decision on September 8, 2015.

The EU General Court this month upheld the September 2015 ruling, following another appeal by BMB. It ordered BMB to pay Ferrero’s costs.

Ferrero told us in a statement: “Ferrero is pleased with the Decision of the General Court, which confirms that investments in important brands can be protected against third parties attempts to take unfair advantage from their popularity.”

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