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23 April 2020Trademarks

‘Masterchef’ producer wins EUTM dispute

The production company behind the “ Masterchef” TV series has prevailed over a Spanish retailer in a trademark dispute at the European Union Intellectual Property Office (EUIPO).

In a decision dated today, April 23, the EUIPO rejected Spanish company Mastercheff Gallery Cook’s application to cancel Shine TV’s EU trademark for the logo of the popular TV series.

The Valencia-based company wanted Shine’s ‘m’ trademark cancelled in classes 7, 11, and 35, covering kitchen appliances like food grinders, pans, grills, and barbecues, among others.

Mastercheff Gallery Cook does not appear to have a website, but does have a  listing on Amazon for a blender bearing its logo.

The Spanish company based its application on a Spanish trademark registration for that logo in classes 7 and 11, which was subsequently itself cancelled.

Mastercheff Gallery Cook’s logo, like Shine’s, features an ‘m’ with spirals, although the lines travel in a different direction and are orange as opposed to black.

The Spanish mark had been cancelled by the Mercantile Court in Alicante last October, meaning Mastercheff had to inform the EUIPO whether or not it was pressing ahead with its application to cancel Shine’s registration.

The EUIPO said in its decision that it has not received any response from the Spanish company since its mark was cancelled, and has now terminated the invalidation action.

Mastercheff must also pay costs of €720 ($775) to Shine TV.

Shine began producing “Masterchef” when the series was revived in 2005. The show has spawned international adaptations around the world in countries including Australia, Brazil, Saudi Arabia, and Singapore.

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