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5 comments:
The CFI upheld a successful opposition to an application for the mark “Jello Schuhpark” in classes 18 (various leather goods) and 25 (shoes and clothes), based on an earlier registration for the mark “Schuhpark” in Class 25 (clothes and boots). “Schuhpark” was held to be the dominant element, “Jello” being likely to be taken as a mere secondary mark/product line. Pretty standard stuff.
Strangely, both the parties, OHIM, and the BoA, were of the view that “Jello” would be understood by consumers to be faux-English for “yellow” - even though “Schufabrik” is clearly German [the German for “yellow” is “gelb”]. See, IP Kat, the rest of Europe can effortlessly swap between languages – time you started to learn!
If the rest of Europe could effortlessly swap between langauges then those involved in this case would know that Jello is American-English for jelly (yum) :-)
The plaintiff did mention that "jello" is English for jelly ("Wackelpudding" in German). But I suppose it would go too far, to expect the average German consumer to understand this translation - much easier to just understand it as it is pronounced. And the pronounciation of "jello" in German is exactly the same as "yellow". Looks like it is just one more of those fake Dinglish words used in German which many people actually believe are proper English words... - like "handy" (= "mobile") or "smoking" (= tuxedo)...
You win. Wackelpudding is a far better word than jelly or jello. I hereby challenge all IPKat readers to incorporate the word Wackelpudding into their conversation today. Prize for the best example.
Re WackelpuddingSays IPKat to Merpel: "My dear feline friend, do you like Wackelpudding?"
Replies Merpel to IPKat: "I'm afraid I don't know -- I have never actually wackelpudded".
Boom Boom!
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