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MAQS LAW FIRM WINS CASE FOR THE COCA-COLA COMPANY – KILDEVÆLD VS. KLIPPEVÆLD
2010-04-15

In an opposition case between The Coca-Cola Company’s trademark KILDEVÆLD and Svaneke Bryghus’ trademark KLIPPEVÆLD, the Danish Patent and Trademark Office has, by their decision of 12 April 2010, concluded that the opposition filed by The Coca-Cola Company will be upheld and the registration for KLIPPEVÆLD shall be cancelled.

In 2002, The Coca-Cola Company registered the national trademark of KILDEVÆLD in Class 25 (clothing and others), Class 32 (mineral water and others) and Class 42 (education and others).

In 2008, a Danish brewery, Svaneke Bryghus, registered the national trademark of KLIPPEVÆLD in Class 32 for beers; mineral and carbonated waters and other non-alcoholic drinks; fruit drinks and fruit juices.

The Coca-Cola Company subsequently filed an opposition against Svaneke Bryghus’ trademark KLIPPEVÆLD, based on seniority in regard to the trademark of KILDEVÆLD, moreover arguing that the trademarks were confusingly similar and that KILDEVÆLD was well known.

The Danish Patent and Trademark Office found that The Coca-Cola Company’s trademark KILDEVÆLD was well-known. The marks consisted of 9 and 10 letters and the use of “VÆLD” was uncommon, making the combination of KILDE and KLIPPE + VÆLD an unusual coincidence. The combination was sufficient to lead consumers into creating a connection between the two trademarks.

The Danish Patent and Trademark Office found that Svaneke Bryghus by adding the word “KLIPPE” in front of “VÆLD” had aimed at creating similarity between their trademark KLIPPEVÆLD and The Coca-Cola Company’s trademark KILDEVÆLD. Svaneke Bryghus had taken an unfair advantage, covering all goods in class 32, of the distinctive character of the reputed trademark KILDEVÆLD, belonging to The Coca-Cola Company.