No Confusion Here: Why ‘KING’S’ and ‘AROMA KING’ Can Coexist

Trademark disputes can be tricky, but sometimes the law makes it clear: two similar-sounding brands can peacefully coexist. In a recent case, the General Court (GC) ruled that there’s no risk of confusion between the Danish mark ‘KING’S’ and the contested sign ‘AROMA KING’, both used for cigarettes and tobacco. Let’s dive into the key reasons behind this decision—and why it matters for brands everywhere.

The dispute centered on whether ‘KING’S’ and ‘AROMA KING’ were too similar to be used for the same products. The GC said no, and here’s why: the word ‘KING’ is too weak to cause confusion, and the two marks are different enough to stand apart.

The court pointed out that ‘KING’ is a common, almost generic word often used to suggest something is “the best” or “top quality.” Because of this, it doesn’t carry much weight in trademark terms. Think of it like this: if everyone’s using a word like “best” or “premium,” it’s hard for one brand to claim it as their own.

While ‘KING’S’ had gained some recognition in Denmark through use, it still wasn’t strong enough to overpower ‘AROMA KING’. The court called this “enhanced distinctiveness,” but even with the boost, ‘KING’S’ only reached a normal level of distinctiveness—not a high one.

The GC also noted that ‘KING’ doesn’t stand out on its own in ‘AROMA KING’. Instead, it blends with ‘AROMA’ to create a meaningful phrase. This makes ‘AROMA KING’ feel like its own unique brand, rather than a copy of ‘KING’S’.

Another key factor? Tobacco consumers are picky. Smokers tend to be loyal to their favorite brands and pay close attention to what they’re buying. This means they’re less likely to mix up two brands, even if they share a common word like ‘KING’.

The GC’s decision came down to this: ‘KING’ is too weak to cause confusion, ‘KING’S’ isn’t strong enough to dominate, and ‘AROMA KING’ is distinct in its own right. Together, these factors mean the two brands can coexist without stepping on each other’s toes.

Trademark disputes don’t have to be a headache. If you’re navigating a similar situation or just want to protect your brand, KOREJZOVA LEGAL is here to help. Our team of IP experts can guide you through the process and ensure your brand stands strong. Call us today for a consultation—let’s make sure your mark is unmistakably yours!

Text: EUIPO. „A Battle of Kings in the Tobacco Sector". Euipo.Europa.Eu, 11. červen 2024, https://www.euipo.europa.eu/en/law/recent-case-law/a-battle-of-kings-in-the-tobacco-sector.

Photo (Title): Peter Grznár, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons

Photo (In-Text): „A Battle of Kings in the Tobacco Sector". Euipo.Europa.Eu, 11. červen 2024, https://www.euipo.europa.eu/en/law/recent-case-law/a-battle-of-kings-in-the-tobacco-sector.