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Merci, Danke, and Thank You—different in linguistic origin, yet all express gratitude. Now that we are in the holiday season, you may want to convey appreciation to someone by expressing thanks or giving a gift, perhaps chocolate. After all, saying "thank you" is commonly associated with chocolate, at least according to the Trademark Trial and Appeal Board (TTAB).
In August Storck KG v. Florend Indústria e Comércio de Chocolates LTDA, the TTAB considered whether the mark DANKE for chocolate could be registered with the United States Patent and Trademark Office despite prior registrations for the mark MERCI for chocolate. Opp. No. 91277224 (TTAB 2025). August Storck, owner of the MERCI mark, opposed Florend Indústria e Comércio de Chocolates LTDA's application for DANKE based on a likelihood of confusion. Its main argument was that, under the doctrine of foreign equivalents, both marks translate from different languages to "thank you" and covered identical goods.
The doctrine of foreign equivalents is typically applied when one mark is in English and another is in a foreign language. The marks in foreign languages are treated as equivalents of the English marks provided that, among other things, consumers would stop and translate the foreign language marks. However, the TTAB may apply the doctrine when considering marks from two different foreign languages or from the same foreign language when assessing the marks' similarity.
In this case, the TTAB applied the doctrine because the evidence established that the ordinary purchaser would translate the French "merci" and German "danke" to "thank you." A shared meaning between marks can be a significant factor in the likelihood of confusion analysis. But in this case, the TTAB found the shared meaning to be "conceptually weak." The TTAB pointed to several third-party uses of "thank you" in connection with chocolate to underscore this point. In other words, consumer confusion is less likely because consumers associate the wording "thank you" with chocolate.
When you think about it, it's a fair point – whether it's a box of someone's favorite brand of chocolate or basket of chocolate-covered strawberries, at some point or another you have encountered the use of chocolate as a way to express gratitude.
The TTAB also acknowledged that DANKE and MERCI are dissimilar in sound and appearance. The marks have distinct pronunciations and share no common elements. The only commonality between the marks is the shared meaning.
The conceptual weakness of the opposer's mark appears to have been the crux of the TTAB's reasoning. The differences in sight and sound may have sweetened the deal. But would the TTAB have reached the same outcome if the marks were GRAZIE (Italian) and GRACIAS (Spanish)? Further, if the marks covered goods that are not commonly associated with "thank you," would the differences in sight and sound have been sufficient to find no likelihood of confusion? It's difficult to say, in part because there is relatively sparse application of the doctrine of foreign equivalents when neither party's mark is in English. Nevertheless, this case suggests that brand owners should consider whether adoption of a mark in a foreign language may conflict with another mark in a different foreign language. Additionally, use of terms in specific industries could significantly impact the strength of a mark.
Finally, this case demonstrates that, whether using danke or merci, giving chocolate is a great way to say thank you!
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