the mythical conguitosalso controversial due to their image of a fictional African aborigine and their old advertisements, are no longer just a snack chocolate peanut candy. The company Chocolate Lacquersa has lost the appeal that it initially filed with the European Union Intellectual Property Office (EUIPO) against Mariano Esquitino, a businessman from Elche who registered the same name for his drugstore products and costume jewelery
The case dates back to 2016, when Lacasa claimed before EUIPO that the businessman was acting bad faith wanting to take advantage of the popularity of the brand name ‘Conguitos’, previously registered by the chocolate company. Then EUIPO rejected the appeal, considering that Lacasa only uses the name for a very specific type of confectionery product and chocolates, more specifically “chocolate-coated peanuts”, therefore there was no risk of confusion between brands, or bad faith.
Chocolates Lacasa then raised the case to the European court, which has just ruled again in favor of the businessman from Elche. According to the General Court of the European Union, there is no undue advantage of the distinctive character of the brand or any damage to Lacasa. Furthermore, the fact that they can be sold “in the same commercial establishments, such as department stores or supermarkets, is not particularly important, since it does not mean that consumers automatically attribute the same origin to them”, affirms the Court.
The Conguitos are a popular sweet initially created by confectioner Federico Díaz Martínez, enrolled in 1963 in the Industrial Property Registry. They were manufactured by the original company from Zaragoza until Chocolates Lacasa acquired it in 1987 to incorporate them into its catalogue, after the success of the Lacasitos.
According to Cinco Días, the Esquitino family had already applied for the registration of the ‘Conguitos’ brand in the 1990s to sell children’s clothing and footwear, Lacasa alleging that they were aimed at a public similar to that of their snacks. However, the European Court considers that the chocolates are very different of the jewelery, watches and drugstore products that the businessman now sells under the name ‘Conguitos’, so that consumers do not have to associate both brands.
The chocolate company now has two months to file an appeal.
Peanut Conguitos with Chocolate – 450 gr
Photos | conguitos
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