Hugo’s Burgers loses out to German restaurant chain in trademark battle

Helena Grech - 10th July 2019

Hugo’s are reportedly exploring their options on the road ahead. 

The popular entertainment chain Hugo’s has lost an appeal before the EU General Court to have its burger bar logo registration accepted.

A decision by the EU Intellectual Property Office (EUIPO) was upheld by the top EU court, where it stated that the Hugo’s Burger Bar logo could not register its logo as it would infringe on an already-registered trademark by a German restaurant chain called H’ugo’s.

Hugo

Maltese restaurant's logo 

Back in 2017, EUIPO had turned down the request to register the Hugo’s burger bar logo, citing the likelihood of confusion. This was appealed before EUIPO’s board of appeal by the entertainment chain however this was rejected.

German H

German restaurant's logo

It noted a high degree of phonetic similarity as well as visually similar logos between the two restaurants.

The case was then taken to the EU General Court however the appeal was rejected last Tuesday, noting that the where there are symbols and word elements on logos, the word elements are more distinctive.

After being contacted by The Times of Malta, Hugo’s are reportedly exploring their options on the road ahead.


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