REAL-WORLD IMPACT,
REAL IP STRATEGY
See how strategic thinking, meticulous evidence, and cross-border experience turn complex IP challenges into lasting competitive advantages.
LIDL — CRUSTI CHOC:
Proving a playful name is more than description
JURISDICTION Serbia
YEAR 2014
CLIENT Lidl Stiftung & Co. KG
TRADEMARK CRUSTI CHOC
INDUSTRY — Cocoa, chocolate, pastries & cereal based products
BACKGROUND
Ahead of its Balkan rollout, Lidl planned to debut a crunchy chocolate biscuit line under the whimsical name “CRUSTI CHOC.” Brand teams needed fast clearance to keep packaging and supplychain timelines on track.
CHALLENGE
The examiner argued that the mark merely described a crunchy chocolate product and therefore lacked distinctiveness.
STRATEGY
- Positioned the mark as an imaginative, fantasy expression rather than a literal descriptor.
- Presented linguistic studies distinguishing suggestive from descriptive food marks.
- Insisted that mark is unique brand hook for a consumer, not a description of product type.
OUTCOME
Objection overruled; Lidl secured exclusive rights and launched on schedule.
KEY INSIGHT
A wellargued linguistic angle can transform a borderline descriptive term into protectable brand equity.
PERUN — TRADEMARK OPPOSITION:
Turning consumer perception into legal protection
JURISDICTION Serbia
YEAR 2025
CLIENT Perun Destilerija d.o.o.
EARLIER TRADEMARK PERUN (word mark)
INDUSTRY Alcoholic & non-alcoholic beverages
BACKGROUND
Perun Destilerija is a well-established Serbian producer of alcoholic beverages. The brand enjoys a strong market presence, extensive distribution, and a high level of consumer recognition, both domestically and internationally.
In 2024, a third party filed a new trademark application containing the identical verbal element “PERUN”, combined with additional descriptive wording and generic figurative elements, covering water, mineral water, non-alcoholic drinks and refreshing non-alcoholic beverages.
CHALLENGE
Traditionally, alcoholic and non-alcoholic beverages were treated as distinct product categories in trademark practice. The challenge was to demonstrate that the similarity between these products is sufficient to cause consumer confusion, despite belonging to different trademark classes.
STRATEGY
• Demonstrated that the only distinctive element of the applied-for mark was the identical verbal element PERUN, while additional elements were purely descriptive or generic.
• Established similarity of goods by applying cumulative criteria: nature, purpose, consumption context, complementarity, distribution channels, and overlapping consumer base.
• Highlighted current market trends blurring the line between alcoholic and non-alcoholic beverages, including low-alcohol alternatives, ready-to-drink products, and brand extensions across categories.
• Substantiated the strong reputation of the earlier PERUN mark through extensive market presence, international distribution, and multiple industry awards.
OUTCOME
The opposition was upheld, preventing registration of the contested trademark for non-alcoholic beverages and refreshing non-alcoholic beverages in Class 32 and preserving the exclusivity and reputation of the PERUN brand.
KEY INSIGHT
What legal classes separate, consumer experience unites: in modern FMCG markets, alcoholic and non-alcoholic beverages can occupy the same mental shelf, so that using the same name on alcoholic and non-alcoholic drinks inevitably confuses the consumers.
ŠKODA — SIMPLY CLEVER:
TTransforming a global slogan into a protected asset
JURISDICTION Serbia
YEAR 2013
CLIENT Škoda Auto a.s.
TRADEMARK SIMPLY CLEVER
INDUSTRY — Automobiles & vehicle parts
BACKGROUND
“Simply Clever” had long served as Škoda’s worldwide positioning line, appearing on every vehicle badge, brochure and TV spot. Formal protection in Serbia was essential before an upcoming model launch and nationwide campaign.
CHALLENGE
Authorities rejected the mark as both descriptive and nondistinctive.
STRATEGY
- Showed decadelong international use of the slogan, paired consistently with the Škoda wordmark and visual identity.
- Submitted survey data and mediareach metrics evidencing strong consumer association.
- Argued that, in commercial context, the slogan functions as an indicator of origin rather than puffery.
OUTCOME
Registration granted; slogan now enjoys full legal protection across Škoda’s regional communications.
KEY INSIGHT
Context creates distinctiveness — link a phrase to a recognized house brand and the law follows.
Let’s Talk IP.
Have a specific question or challenge? Reach out and we’ll respond quickly.
