‘Danke,’ ‘Merci’ Chocolate Trademarks Can Coexist, Board Says

“Danke” and “Merci” branded chocolate bars won’t likely confuse consumers despite both trademarks meaning “thanks” in a European language, a trademark tribunal ruled in a now-precedential decision.

The Trademark Trial and Appeal Board Tuesday designated as precedential its opinion denying August Storck KG’s bid to stop Florend Industria e Comercio de Chocolates LTDA from registering “Danke” based on its claimed prior use of “Merci.” Despite several factors weighing in favor of finding a likelihood of consumer confusion, the substantial differences between the marks outweighs them, the board said.

The decision, initially issued Nov. 14, addresses the doctrine of foreign equivalents ...