Jurisdiction(s):
United Kingdom

Myforest Foods v EUIPO: EU General Court refuses ‘MYBACON’ trade mark for vegan meat substitutes as deceptive; relevant public is the general consumer, not only vegans/vegetarians

Published on: 02 January 2024

Published by a LexisNexis IP expert

Legal News

Article summary

Myforest Foods Co v European Union Intellectual Property Office Case T-107/23

What are the practical implications of this case?

Although the ruling does not chart new territory, it again underscores that a mark may mislead the relevant public even if some consumers would not be deceived. It further confirms that, for food products aimed at people with dietary preferences or restrictions—such as vegans and vegetarians (and potentially gluten-free, etc)—the relevant public remains the general public. As a result, vegan meat alternatives are evaluated in the same way as any other fast-moving supermarket goods. This calls for careful brand development for vegan and meat substitute ranges: where a mark includes an element (for instance, bacon) implying the very item being replaced, it risks being deceptive unless it is paired with a suitable qualifier or a clear means of distancing itself from that indication.

What was the background?

The dispute was straightforward. It concerned an application to register the trade mark MYBACON for meat substitute products. The EUIPO and the appellate tribunals refused the filing on the basis that the average consumer encountering goods marketed under...

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