Since the 1990s, Pågen has held the trademark KRISPROLLS registered for crisp rolls. When Danish Bisca launched crisp rolls on the Swedish market under the trademark CRISP ROLLS Pågen reacted and wanted to stop the mark.
Efforts were also made to try and prevent a subsequent variation of Bisca where Crisp Rolls was used in a more descriptive manner in a smaller typeface.
The Patent and Market Court of Appeal has concluded that the trademark KRISPROLLS has relatively weak original distinctiveness for crisp rolls and that the holder of the registration had failed to show that the trademarks through use had achieved acquired distinctiveness in relation to goods of this type. In addition, the Patent and Market Court of Appeal found that the questioned use of Crisp Rolls could not be construed as trademark use as well as that there is no identity between the mark CRISP ROLLS and the trademark KRISPROLLS or that there is any risk of confusion between these marks.
The Patent and Market Court of Appeal has thus agreed with the Patent and Market Court’s assessment that the use of CRISP ROLLS and Crisp Rolls which were assessed in these proceedings does not constitute an infringement of the exclusive right to the trademark KRISPROLLS.
The Patent and Market Court of Appeal’s judgment cannot be appealed.
