Risk of confusion between the brands “Immelmann” and “Mümmelmann” in the beverage sector

The European Union Trademark Office (EUIPO) has ruled that the trademarks "Immelmann" and "Mümmelmann" are confusingly similar in the beverage sector. The main reason for this decision is the spelling and phonetic similarity of the "-mmelmann" ending, which is identical in both trademarks. Interestingly, however, the EUIPO did not consider the meaning of the term "Mümmelmann" in German, as it was assessing Spanish-speaking consumers. In Spain, and generally in the EUIPO's view, both terms have no specific meaning.

This is explained by the fact that the trademarks in question are EU trademarks, which are assessed in all 27 official languages of the EU. This takes into account the perception of the trademarks by the average consumer in all Member States, not just their meaning in a specific national language.