Chocolate and berries, a fine combination! But can you stop a trademark application of Berry Forest in the event you have registered the trademark Black Forest?
No, according to the Trademarks Office in New Zealand. This Office dismissed an opposition filed by Cadbury against the trademark application Berry Forest of competitor Whittaker’s.
While the examiner was of the opinion that there were visual and aural differences between the marks, the crucial point is a cake from Germany. Black Forest refers to a famous German chocolate cake with layers of cherries and cherry jam (sounds good!). On the other hand, Berry Forest refers to a forest full of berries. This creates a clear conceptual difference, at least a clear difference for chocolate/cake lovers!
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