How to A-Peel a Banana.

FRKelly represents FYFFES in Intellectual Property matters and are the global custodian of their Trade Mark portfolio. You will be familiar with the primary Trade Mark:

However, FYFFES also have a range of additional Trade Marks including this:

Chiquita sought revocation (before EUIPO) of an EUTM – HOYA Label claiming non-use and appealed when they received an adverse decision from the Cancellation Division.

The Second board of Appeal (R0962/2019-5 decision dated 7 February 2020) rejected the appeal and held that there was a genuine use in the European Union in relation to “pineapples, bananas and plantains”.

There are many interesting aspects to this decision, including how the Board of Appeal make a global assessment of the relevant factors in determining whether use is sufficient to maintain or create a market share. There is also an answer to the age-old question: when is a banana a vegetable? (Answer below)

FRKelly are, of course, delighted with the expertise which they provided resulting in this appealing (excuse the pun!) decision.

Answer: When it’s a plantain – 

Although they look like bananas, they are green and cooked in a different way: they are considered to be vegetables.” (para. 90, R0962/2019-5).


Related

Latest News

FRKelly @FRKellyIP 6 days ago

IP Paralegal | FRKelly https://t.co/sCq4iKhbFi #jobs #frkelly

FRKelly @FRKellyIP 1 week ago

We are currently looking for an experienced IP paralegal with excellent communication skills, the ability to build… https://t.co/qRa2qiRsct

FRKelly @FRKellyIP 1 week ago

Best of luck to all those starting the Diploma in Tech & IP Law with @LawSocIreland this week. You're in safe hands… https://t.co/7fqpAqzonu

Please upgrade your browser. This website is not compatible with Internet Explorer.