With summer approaching people enjoy drinking special beers like white beer and, quite popular nowadays, radler beer.
Most beer brands now have their radler variant. Like Hoegaarden (InBev) who filed their logo in the European Union. This trademark was however opposed by a company from Slovenia which has registered Union Radler in SLovenia.
Can you claim a generic word as radler as a (composed) trademark? The Slovenians thought so, because radler had no meaning in Slovenia. The EUIPO disagreed: as stated by Hoegaarden, the term is mentioned in dictionaries and seems to be commonly used on the market including that of Slovenia. EUIPO: “The evolution in the market reality and the dynamics of the open European market, have led to a change in the perception of the term ‘Radler’ in recent years. This change in the perception is evident when considering its inclusion in TMclass (translation of the term ‘Shandy’ under Class 32, associated with the heading ‘Beer and brewery products’). ‘Radler’ can be found in this harmonised database for goods and services as the official translation of the term ‘Shandy’ for German and the Croatian languages. This reflects the aforementioned change towards recognising the term in dispute to describe a specific type of drink in relation with the goods at issue.”
As radler is a descriptive term and the other elements differ, no confusion can arise. The opposition is therefore rejected.
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