General Court Confirms Low Level Of Attention Of Consumers When Purchasing Food Products

    March 2012

    In August Storck KG v Office for Harmonisation in the Internal Market (OHIM) (Case T-462/09, January 12 2012), the General Court has rejected an appeal against the refusal of August Storck KG’s application for the word mark RAGOLIZIA.

    Storck filed its application in July 2006 for confectionery products in Class 30 of the Nice Classification. In March 2007 Radiotelevisione Italia SpA (RAI) opposed the application on the basis of an earlier Community trademark registration for FAVOLIZIA, which also covered goods in Class 30. The Opposition Division of OHIM upheld the opposition on the basis of a likelihood of confusion.