Likelihood of confusion between the trademarks “VULCANOSSI” and “VEGANOSSI” in the sausage sector

The European Union Trademark Office (EUIPO) has decided that the trademarks "VULCANOSSI" and "VEGANOSSI" are confusingly similar in the sausage sector and has therefore refused registration of the trademark "VULCANOSSI." The applicant argued that the "-nossi" ending was negligible due to its reference to the "Cabanossi" sausage variety and therefore had no impact on the likelihood of confusion. However, the EUIPO disagreed with this view.

The authority explained that the initial words of both trademarks were perceived as independent elements with their own meaning. For example, the trademark "VULCANOSSI" is composed of the elements "VULCAN" and "OSSI," while "VEGANOSSI" consists of the elements "VEGAN" and "OSSI." It is particularly important to note that the term "OSSI" is colloquially used in German to refer to a person who originates from East Germany, which further creates a likelihood of confusion. From this perspective, both trademarks were considered too similar to rule out any likelihood of confusion.