The General Court of the European Union has issued a decision on case T‑765/16, Grupo Ganaderos de Fuerteventura, SL, établie à Puerto del Rosario v EUIPO.
This case concerns an attempt by the Spanish company Grupo Ganaderos to register the following European trademark for foodstuffs including milk and meat products:
EUIPO refused registration of this mark for some of the goods, considering the word tofio, which is part of the mark, as a term describing a bowl used to collect goat’s milk in the Canary Islands.
The decision was appealed because the applicant claimed that this term wasn’t used anymore and there was no strong connection between its mark and the bowl.
The Court upheld the appeal stating that EUIPO failed to prove that the consumers in Spain are familiar with this term and are being aware of the function of the ‘tofio’ and of its links with the relevant products.