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Lots of cheese but not a dairy product? The EUIPO with a spotty reasoning

With the help of Merx Pütz Rechtsanwälte, a Bavarian cheese manufacturer successfully defended itself against the cancellation of its word mark before the EUIPO. The Office confirmed the (extensive) use of the contested trade mark, but was nevertheless of the opinion that the use only applied to “cheese” and not to the superordinate term “dairy products”. The action before the court is now intended to clarify whether the – quantitatively extensive – use is not sufficient to maintain protection for “dairy products” as a whole.