The Finnish Trade Mark Office rejected in its decision of 17 October 2008 the application of Arla Foods AB to register as a trade mark the word KESO in class 29 for 

meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams and fruit sauces; eggs, milk, and milk products; edible oils and fats. 

The reason behind the refusal was that the mark lacked distinctiveness on the basis that it described the goods applied for. In the Swedish language the word “keso” means cottage cheese. Accordingly the mark was not distinguishable with regard to the goods in question as well as with regard to similar products.

The Office added that the fact that the mark was registered in non-Swedish speaking countries was not a sufficient basis to achieve distinctiveness for the mark. The same applied to the fact that the mark had been registered in Sweden since 1959. The Board of Appeal of the Finnish Trade Mark Office dismissed the appeal.

The decisions of the Finnish Trade Mark Office and the Board of Appeal of the Finnish Trade Mark Office were annulled by the Supreme Administrative Court of Finland and the matter was remitted to the Finnish Trade Mark Office.

The word “keso” is to be found in many dictionaries. By a simple internet search one finds that this word is used generally as an expression relating to cottage cheese products in Sweden.

Although KESO has for long been a registered trade mark in Sweden, it has also been in universal use. The applicant submitted proof from the industry organization Svensk Mjölk that the brand KESO was at the time of registration well known and established in Sweden for both Arla’s cottage cheese and goat cheese products. Svensk Mjölk also stated that there was no other company that used the brand in question for the products in question.

Evidence was also submitted by Finnish union of food products, which stated that the brand KESO had from the year 2000 onwards been known as a brand for cottage cheese products. This statement corresponded to the marketing material from the company. Also, the Finnish union of food products did not know any other products that would be using that mark in Finland. However, the survey did not show whether the average consumer saw “keso” as a common term for cottage cheese.

Class 46 thanks Tiina Komppa (Roschier, Finland) for kindly supplying this information.