A storm in a coffee cup: the EUIPO Fifth Board of Appeal rules on deceptiveness in the Einstein Kaffee case

A storm in a coffee cup: the EUIPO Fifth Board of Appeal rules on deceptiveness in the Einstein Kaffee case

Journal article

1 online resource

The Fifth Board of Appeal of the EUIPO ruled that the figurative mark "EINSTEIN KAFFEE", which features a coffee cup depicted between the two words, was misleading to consumers. The Board found that the mark could lead the relevant public to think that it referred exclusively to coffee, when in fact, it also covered other products such as tea, cocoa, coffee substitutes and artificial coffee. Crucially, the Board determined that the mark does not form a conceptual unit or convey a message beyond the meaning of the words and the figurative component. This decision underscores the importance of consumer awareness when purchasing goods and services and the need for brands to communicate an unambiguous message.

Crossref

European Intellectual Property Review, 0142-0461 ; E.I.P.R. 2025, 47(7), 441-444

[New York, NY] : Thomson Reuters, 2025.

eng

https://1.next.westlaw.com/Copyright

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