The fast-food chain Burek King loses to the American giant Burger King. The Federal Administrative Court confirms the risk of confusion between the two brands and the refusal of registration opposed by the Federal Institute of Intellectual Property.
ATS
After opening a first restaurant in Lucerne in 2020, the two founders wanted to register the Burek King brand with the Federal Institute of Intellectual Property (IPI) for services related to the hotel and catering industry. Following opposition from Burger King, only a restricted registration relating to the reservation of hotels, restaurants and vacations was admitted.
Seized by the two restaurateurs, the Federal Administrative Court confirms the IPI’s decision on the merits. The magistrates believe that consumers risk confusing the two brands due to the similarity of the names. Indeed, they both begin with the syllable “bu” and end with the English word “king”.
No economic link
Even if the products offered are different, the public could assume that an economic relationship links the two chains, adds the Federal Administrative Court. Indeed, it is not uncommon in this sector for a company to extend its offering beyond its main activity.
Concretely, consumers could wrongly believe that Burger King is trying to reach a new target audience by offering bureks. For the record, burek, or börek, is a pancake filled with meat or vegetables originating from Turkey and the Balkans.
The judges of St. Gall also noted a certain analogy in the acronyms of the two companies which contributed to the confusion. In both cases, the word “king” is written in large letters and dominates the prefixes Burek or Burger.
Burek King’s appeal is therefore rejected, in favor of the American giant which can take advantage of its precedence – its registration dates from 1999 – and greater notoriety. (judgment B-6734/2023 of June 3, 2024)
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