The owner of registered Bulgarian trade mark No 91 508 Bon Apeti – Bon Net OOD, represented by the team of IP Consulting, Ltd. filed an opposition against all the services of European Union trade mark application No 13 438 197 BUON APETITO.
The Opposition was based on the ground of Article 8(1)(b) EUTMR – likelihood of confusion. The services on which the opposition was based were in class 35 and 41. The contested services were in class 41. According to the Opposition Division, the degree of attention of the relevant public would vary from average to high.
The opposition was based on more than one earlier trade mark. The Opposition Division found it appropriate to first examine the opposition in relation to the opponent’s Bulgarian trade mark No 91 508. The contested services were considered identical to the opponent’s services. Both signs Bon Apeti and BUON APPETITO were found visually and aurally highly similar. For part of the relevant public they are conceptually identical. Both signs were formed of two words. There were only minor differences in letters and pronunciation. Moreover, it was found that part of the Bulgarian public that is familiar with the French expression “bon apetit” (“buon apetito” in Italian) will perceive both signs as having the same meaning “enjoy your meal”.
Therefore, final decision of the Opposition Division was to reject the application No 13 438 197 BUON APETITO in its entirety. The decision is due to likelihood of confusion on the part of the public. The opposition was upheld for all the contested services.
