Results for Trade Marks - Nutella Poll

The Answer

No, the Australian Trade Marks Office found that the mark is not sufficiently similar and it is not likely to cause confusion in Ferrero S.p.A v Nuts-about-tella Pty Ltd [2018] ATMO 147. 

In 2018, Ferrero S.p.A, an Italian confectionary company and owner of the Nutella family of trade marks, opposed a trade mark application by Nuts-aboutt-tella Pty Ltd. Nuts-about-tella is an Australian company that operates a food truck featuring products made principally of the Nutella hazelnut spread, including pizza, donuts, burgers, milkshakes and ice cream.

Ferrero claimed that the “nuts-about-tella’ trade mark was substantially identical or deceptively similar to their existing registrations. However, the Trade Marks Office allowed the mark to proceed to registration, noting that there were clear differences in the way the words were styled and pronounced. Even though the “nuts-about-tella” mark was deliberately invoking the Nutella brand, the overall differences in the marks meant that consumers were unlikely to be confused.

The decision was made notwithstanding the significant reputation that “Nutella” has earned in Australia.