Let’s Eat!
On April 18th, 2007, the European Court of First Instance considered that the earlier Spanish marks DONUTS were similar to the CTM applications for
and 
.
The Court upheld the decision, considering that since the average Spanish consumer has a low degree of familiarity with the English language, DONUTS was not generic in Spain with respect to pastries, soft drinks and services relating thereto.
This shows the high level required by the OHIM to prove that a known term such as DONUTS has widespread use for pastries in Europe.