Do fructology and fruitology mean the same thing? Sumol+Compal wins arm wrestling in European court
The General Court of the European Union ruled in favor of Sumol+Compal Marcas this Wednesday in a dispute with the French company Boiron frères over the use of the word ‘fruitology’.
According to a statement, the General Court contradicts a previous decision by the European Union Intellectual Property Office (EUIPO), considering that the brands “present a medium degree of visual similarity” and that Sumol +’s ‘fructology’ Compal, registered in 2017, has eight letters in common and in the same order as ‘fruitology’, registered by Boiron frères in 2020.
Thus, the ruling confirms Sumol+Compal Marcas’ allegations, according to which the brands are similar to a medium degree on a visual, phonetic and conceptual level.
The statement also highlights that, taking into account the identity or similarity of the services in question, “the high coincidence between the invented words ‘frutologia’ and ‘fruitology’ overcomes the differences between the conflicting signs”.
EUIPO had considered, in June 2023, that there was no risk of confusion between the two brands, a decision which the Portuguese company appealed.
Boiron frères requested the protection of the word ‘fruitology’ for a range of services related to education in the field of cooking, while Sumol+Compal Marcas had already registered the trademark ‘Centro de Frutologia’ for various education and teaching services.
