It’s gloves off between M&S and Aldi. With the venerable UK retailer claiming infriongement of their “Colin the Caterpillar” trademark by the discounter’s Cuthbert the Caterpillar cake. Leading them to file an intellectual property claim with the High Court this week. M&S claims that the similarity in name and Goods – both are cakes – leads consumers to believe they are of the same standard and “rides on the coat-tails” of M&S’s reputation. And can claim 30 years use of “Colin the Caterpillar” as well as three registered trademarks. M&S may have been the first retailer to sell a caterpillar cake, but many supermarkets now have similar products. These include Waitrose’s Cecil, Sainsbury’s Wiggles, Tesco’s Curly, and Asda’s Clyde the Caterpillar.

  The first EU trademark was registered on 1st April 1996 so 25 years ago this month. Up until then only national registrations (Beneluxe aside) gave registered rights in EU countries.22,000 trademarks were applied for in that first month to the newly formed EUIPO in Alicante, then known as OHIM. During 2020 there were 175.000 new EU trademark applications. And even though the UK has now left the UK, firms in the Uk can still take advantage and obtain trademark rights in all the 27 remaining EU countries through this single trademark registration. Though to obtain rights in the UK now needs a separate UK application. We at Trade Mark Direct can advise on UK, EU, US, WIPO and trademark rights, as well as in any and all countries.