More than a sweet, it is a “soul friend”. And it sparked a war that lasted for almost two years between an Amadora factory and one of the largest distribution groups in the country. The court has already put an end to the dispute and ruled in favor of Modelo Continente, which is free to register the trademark “Continente Rebuçados Peitorais” and the slogan “close friends”, against the will of Dr. Bayard, which he considers “unfair ” the decision.
The story, advanced by Visão, begins on March 11, 2021, when Modelo Continente applied to the National Institute of Intellectual Property (INPI) for the registration of the brand ‘Continente Rebuçados Peitorais 0% Azúcar O Seu Amigo do Peito’. In April of the same year, the Dr. Bayard Candy Factory, whose motto is “The true friend of the chest”, challenged the request, and the claim was granted because the INPI considered that there was no “possibility of confusion or error” between the two brands. “A common man, when faced with the trademarks in question, will easily verify that they are trademarks of different companies,” the sentence dictated.
Not satisfied, Dr. Bayard advanced to court. The first instance agreed with Continente but, “dissatisfied with the sentence”, the Amadora company appealed. In December last year, the Lisbon Court of Appeal upheld the decision in favor of the Sonae group’s trademark.
The verdict? The terms “pectoral candies” and “soul friends” are generic and current expressions, references of which no one can claim exclusive use, even if they have been used in the first place in the composition of the brands they own.
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