Invalidity of the collective mark SILVA due to likelihood of confusion with the individual mark SILVA THINS

Facts

The Silva-Verlag cooperative deposited the collective mark SILVA for food, luxury goods, and soap products in 1948. It later also deposited various individual marks containing the word SILVA. The American Tobacco Company (now American Brands Inc.) deposited the individual mark SILVA THINS for tobacco and tobacco products in 1967. The cooperative sued for the invalidity of the mark SILVA THINS, while the defendant claimed the invalidity of the collective mark SILVA.

The Federal Supreme Court decided that an association can indeed register the same sign as a collective mark for the goods of its members and as an individual mark for its own goods. The collective mark SILVA of the cooperative is therefore not invalid due to the later registered individual marks.

Considerations

The Federal Supreme Court further states that anyone with a legitimate interest can invoke the nullity of a mark, even the owner of a later mark, if they are being pursued for trademark infringement by the owner of the invalid mark. The defendant therefore has an interest in asserting the invalidity of the collective mark SILVA.

Regarding the likelihood of confusion between the collective mark SILVA and the individual mark SILVA THINS, the Federal Supreme Court concludes that the marks are not sufficiently…