The General Court has confirmed position of RUBIO SNACKS, located in Bullas – Murcia, and has rejected the Appeal filed by GRUPO BIMBO against the refusal of its EU trademark application “TIA ROSA”, all in its Sentence dated on 17/09/2019 (Case T-464/18).
In such a way, General Court confirms the decision issued on May 2018 by EUIPO, which established that between marks in conflict, both TIA ROSA and device, there were an important visual and conceptual similarity as well as phonetic identity, apart from similarity in products like crackers, wholemeal bread, maize snacks, tortilla chips, tacos and cereal bars, on one side, and fried potatoes chips, on the other.
The Court concludes that there would be a risk of confusion for consumers, in the event that such cited products being marketed under the almost-identical confronted marks. It prevents GRUPO BIMBO from using and commercializing some of its products in Europe, with the trademark TIA ROSA.
ABRIL ABOGADOS has successfully defended RUBIO SNAKCS in this case, what it means that this firm has obtained three consecutive favorable decisions before General Court in 2019, after defending likewise CLINICA LA LUZ, S.L. (Case T-357/18, Sentence 13/06/2019) and BODEGAS ALTUN, S.L.(Case T-334/18, Sentence 27/06/2019).
