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1 June 2017Trademarks

Haribo and Coca-Cola seek to settle differences over TM

The Coca-Cola Company and confectionary producer Haribo are in the midst of negotiating a settlement agreement after a trademark dispute.

In December 2015, Haribo filed a trademark application at the US Patent and Trademark Office (USPTO) for a ‘Haribo’ mark.

The mark consists of the design of a cola bottle tipped slightly to the left with the wording ‘Haribo’ printed across the centre in brown lettering outlined in white, and covers international class 30 (confectionary).

Published in June last year, it was not long before the mark came to the attention of the Coca-Cola Company.

In December, the multinational beverage producer filed an opposition to the trademark, claiming priority and likelihood of confusion, dilution by blurring, and a false suggestion of a connection.

Coca-Cola claimed that it and its predecessors had used a distinctive form of container, known as the ‘Coca-Cola contour bottle’, for nearly 100 years.

The company then went on to list some of its trademark registrations in class 32 (soft drinks), which include forms of the ‘Coca-Cola contour bottle’.

On Friday, May 26, the parties filed a motion to suspend the proceedings as they were engaged in settlement proceedings.

The proceedings are suspended for 180 days, until November 22.

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