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April 29, 2005

EU: PepsiCo loses attempt to trademark Ruffles brand

PepsiCo has lost an attempt at the European Court of Justice (ECJ) to secure full pan-European Union (EU)-trademark rights to its brand ‘Ruffles’ which it wants for a wide range of food and drink products.

PepsiCo has lost an attempt at the European Court of Justice (ECJ) to secure full pan-European Union (EU)-trademark rights to its brand ‘Ruffles’ which it wants for a wide range of food and drink products.

These included potato crisps, but Germany’s Intersnack Knabber-Gebäck GmbH, saying it could be confused with its established trademark ‘Riffles’, challenged this particular registration. Intersnack later persuaded the EU’s Office for Harmonisation in the Internal Market (Trade Marks and Designs) – OHIM – to refuse PepsiCo’s registration for “dried vegetables” and “fine pastry and confectionery”.

The drinks giant lost an appeal at OHIM and now an additional and probably final appeal at the ECJ’s Court of First Instance.

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