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EU General Court affirms partial revocation of Chiquita trademark

( November 13, 2024, 13:02 GMT | Official Statement) -- MLex Summary: A unanimous panel of the European Union General Court, Second Chamber, found no error in a May 2023 ruling by the EUIPO Board of Appeal that Chiquita Brands' blue and yellow oval trademark lacks inherent distinctiveness in class 31 for fresh fruit.  In the same ruling, the General Court also said a consumer survey by Chiquita and sales and advertising data do not go far enough to establish acquired distinctiveness. "The situation of the fresh fruit market, including with regard to distribution networks and commercial strategies, cannot be the same throughout the European Union on the sole ground that such products are groceries for everyday use," the General Court concluded. See attached document....

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