“Salted biscuits” different from “sugared biscuits”
On December 15, 2006, the CFI retained that FERRO and FERRERO were not similar and that “salted biscuits” and “sugared biscuits” were neither.
The Court argued that these products are not eaten on the same occasions, are neither complementary nor interchangeable, and that consumers show special attention when buying them. In our opinion however, all these products being biscuits, manufactured in a similar way, with the same distribution networks, they should have been regarded as similar.