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24 September 2020TrademarksRory O'Neill

Aldi’s BBQ trademark rejected by EU court

German supermarket Aldi can’t claim exclusive trademark rights for a “BBQ Barbecue Season” logo, an EU court has ruled.

In a decision issued yesterday, Wednesday 23, the EU General Court held that Aldi’s mark was descriptive and not distinctive enough to qualify for trademark protection.

The German retailer applied for the mark in 2018, covering barbecue-related goods including briquettes, grills, matches, and metal foil.

The European Union Intellectual Property Office (EUIPO) refused registration for the mark, a decision that has now been vindicated by the General Court.

On appeal, Aldi claimed the logo, which features orange and white block text on a black background, was “intrinsically distinctive”.

The supermarket chain also argued that there wasn’t a “direct and concrete relationship” in consumers’ minds between the “BBQ Barbecue Season” mark and the applied-for goods.

But the court rejected these arguments, finding that the goods would be “immediately associated” with barbecues.

Aldi also argued that the mark was distinctive because it was presented in the style of an American licence plate, using a “Western-style” typeface.

But the court was again unconvinced, finding no “graphic peculiarities” in the mark. The court said that consumers were more likely to associate the lettering with the embers of a barbeque grill than they were a US licence plate.

Aldi suffered another defeat at the court last year when its opposition to a German businessman’s “Crone” trademark failed.

The retailer claimed the “Crone” mark would cause confusion with its own “Crane” brand, which includes fitness equipment.

But the court held that these goods were not similar enough to the jewellery and clothing applied for under the “Crane” mark to risk causing confusion.

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