The Intellectual Property Office of the European Union (EUIPO) has considered the registration of the mark of the European Union «Carlos Moro» null registered, among other products and services, for wines, after concluding that "the use of the mark will imply an improper use of the distinctive character or the reputation of the previous trademark". In this way, he gives the reason Bodegas Emilio Moro in its claim of nullity before said Office, on the understanding that the use of this trademark could suppose an improper use of the name of "Emilio Moro".
Bodegas Emilio Morofiled an application for declaration of nullityagainst the aforementioned trademark registration "Carlos Moro" because, as confirmed by the criterion of the EUIPO, "it took advantage of the reputation and reputation achieved after years of effort, investment and absolute dedication by Bodegas Emilio Moro", has pointed the winery in a statement.
In this sense, Bodegas Emilio Moro has highlighted that the community body has endorsed that its brand "enjoys renown in Spain in the wine sector." In addition, they explained that given the popularity of Emilio Moro and the concurrence of an identical surname ("Moro") in both brands, EUIPO has considered that "the subsequent mark (Carlos Moro) will evoke in the conscience of the public" the brand Emilio Moro. Consequently, they have added from the winery, that consumers are likely to associate one brand with the other, incurring in an "undue advantage of the reputation" of Emilio Moro.
Emilio Moro Wineries have declared themselves very satisfied with this decision, since "it has always defended that the coexistence in the wine sector of products offered under other brands that use the surname" Moro "as an important part of its brand is a unfair exploitation of his reputation ». Also, to generate confusion with your own brand.