More saucy fun and games as Nando's takes on Ndinos

This Kat seems to be cooking up a speciality in IP issues related to spicy chicken sauces (see previous Kat posts on Reggae Reggae sauce here and here). This time, she has been following with interest the trade mark proceedings betwseen Ndinos Criticos and international restaurant chain Nando's.  In early June 2011, Mr Criticos applied to register the stylised trade mark NDINOS in class 30 for 'Peri Peri sauces, condiments, marinades, salad dressings' in the UK. Mr Criticos claimed that the recipe has been in his family for many years and that the condiment was originally pepared for him by his parents during his childhood in South Africa. Indeed, he started his sauce business earlier this year as a tribute to his parents. At present, he makes his Ndinos Original Peri-Peri Sauce from his kitchen and sells it to specialist South African food shops in London. The trade mark was accepted for registration in late June 2011.

In October 2011, Nando's filed an opposition to the registration of the 'NDINOS' trade mark. Last week, Georg Gruber, chief executive officer of Nando's, stated:

'Mr Criticos has applied to register, as a trademark, the word Ndinos in red font with regards to peri-peri sauces and condiments. We have opposed this, as we feel it is too similar to our well-known registered trade marks Nando's and Nandino's and would confuse the public.'

In response, Mr Criticos said:

'I really can't believe it. This is the real Greek spelling of my name. I've got a right to trade under my own name, which is the name I was born with.'

The battle of the sauces continues ...

The IPKat can't help but feel some sympathy for Nando's in this instance: he had to do a double-take when first reading about the dispute to assure himself that 'Ndinos' was not, in fact, a typo. Merpel wonders why sauces have to double up their  names. First there's Reggae Reggae, then there's Peri Peri. Is she missing something?