It all started in 2017 when Jeronimo Martins Polska SA filed a word trademark for Riviva with the European Union Intellectual Property Office (EUIPO), which is none other than the name of the popular and readily available juices sold in Biedronka stores. In response to the above application, Rivella International AG, a Swiss company primarily engaged in the production of beverages, filed an opposition with the EUIPO. The basis for the opposition was the similarity of the trademarks and the likelihood of misleading potential consumers, especially in relation to the Rivella beverage. This non-alcoholic beverage has n one of the favorites among the residents of Switzerland since 1952. According to the company’s representatives, Rivella is so popular that it is an integral part of the Swiss landscape and represents a unique lifestyle. Therefore, other products should not mislead consumers or indicate a common origin of the beverages.
Following an investigation, on July 1, 2020, the EUIPO issued a decision upholding the opposition. The reasoning stated that the products and trademarks of both companies showed at least a medium to high degree of similarity. Furthermore, there are no conceptual differences that could help distinguish them. As a result, the Office found that there is a likelihood of confusion among consumers in this case.
Jeronimo Martins Polska SA, disagreeing with this decision, appealed it on September 3, 2020, stating that it was incorrect and violated Article 47(2) and Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
To date, there is no final resolution in this matter. How the case will end and whether the owner of the popular Biedronka will obtain protection for the Riviva trademark remains to be seen, possibly in 2021.
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