In 2000, Portuguese coffee manufacturer Torrefaccao Camelo applied for the registration of a trademark consisting of a picture of a camel, palm trees and pyramids for a brand of its roasted coffee.
Japan Tobacco Inc’s appealed against the registration, claiming it infringed their Camel cigarette trademarks as they also include a camel, palm trees and pyramids.
The Office for Harmonisation in the Internal Market (OHIM) rejected Japan Tobacco’s opposition and registered the trademark. Japan Tobacco appealed the decision to the CFI who upheld the OHIM ruling.
The CFI’s judgment can be appealed to the European Court of Justice, within two months.
Comment
The Camel trademark is well known. Coffee is somewhat different than tobacco, although both are brown powdery materials – no doubt reminiscent of ground Camel dung and hence the name.
Seriously, Arab, Turkish or Middle Eastern style coffee or tobacco is distinctive. Using a camel logo makes sense, and palm trees and pyramids go with camels.
There was a similar debate in Israel regarding use of a cow for advertising chocolate, with mountains and a chalet in the background, where Elite, Israel’s premier chocolate company, tried, without success, to have Milka’s trademark voided.
