Small bakery topples behemoth Impossible Foods in EU trademark battle

BRUSSELS (CN) — In a classic David-versus-Goliath showdown, a small Barcelona bakery has successfully fended off a trademark challenge from U.S. plant-based meat giant Impossible Foods, after the European Union’s General Court ruled Wednesday that the bakery’s whimsical “Impossible Bakers” brand is distinct enough to stand on its own.

The court, based in Strasbourg, France, dismissed Impossible Foods’ opposition to the bakery’s trademark application, concluding that the company’s flying elephant logo, stylized lettering and emphasis on the word “Bakers” sufficiently differentiate it from the Silicon Valley-based corporation’s minimalist “Impossible” mark — despite both firms operating in the food industry.

“The signs at issue were visually similar to a low degree,” the court wrote, noting that food products are typically purchased in visually driven retail contexts, further lowering the risk of confusion.

The legal clash began four years ago when Impossible Foods Inc. filed an opposition to the trademark application submitted by the Spanish bakery. After the EU Intellectual Property Office rejected that opposition in a December 2023 ruling, Impossible Foods brought the matter before the EU General Court in February 2024, seeking annulment of the decision under EU Trademark Regulation.

The Spanish bakery had sought to trademark “Impossible Bakers” for cakes, pastries and food retail services.

The case pitted a local pastry maker, Impossible Foods SL, against one of the world’s best-known alternative protein companies. Impossible Foods, a billion-dollar startup known for its meatless burgers and aggressive legal strategy, has spent years defending its brand as it expands globally.

In 2020, it famously defeated Nestlé in a Dutch court, forcing the food giant to rename its “Incredible Burger” to “Sensational Burger.” In that case, the court ruled the names “Impossible” and “Incredible” were too similar in sight, sound and meaning.

This time, however, the EU court pushed back. Judges found that while both marks use the word “Impossible,” the term has low inherent distinctiveness and would likely be interpreted by consumers as a promotional or laudatory term. The real standout in the Spanish bakery’s mark, they said, was the word “Bakers,” which appeared in a larger font and carried greater weight.

The trademark battle began even before Impossible Foods Inc. had launched its products in the EU, as the company has been pursuing regulatory approval for its key ingredient, soy leghemoglobin, which is produced using genetically modified yeast.

In November 2024, the European Food Safety Authority issued a positive safety assessment for this ingredient, marking a significant step toward market entry. However, final approval from the European Commission and EU member states remains pending, meaning the food giant has yet to officially introduce its flagship Impossible Burger across the bloc.

For now, Impossible Food products are available in the U.S., Australia, Canada, Hong Kong, Macau, New Zealand, Singapore, the United Arab Emirates and the United Kingdom.

The decision reflects deeper structural contrasts between U.S. and EU trademark systems. While both rely on a “likelihood of confusion” standard, the EU follows a faster, paper-based procedure with no live hearings, and courts often give more weight to visual differences and dominant brand elements. The U.S., by contrast, relies on a lengthier, multi-factor analysis that resembles litigation, often including evidence presentation and arguments.

European trademark oppositions are typically resolved within seven to 10 months. The system also includes a unique “cooling-off period” of up to two years to encourage settlement — a mechanism absent from U.S. proceedings.

For the California-based Impossible Foods, the ruling represents a rare defeat in its broader trademark strategy. The company must cover its own legal expenses and those of the Spanish bakery, while the EU Intellectual Property Office will cover its own costs.

The decision can be appealed to the EU’s highest court, though no appeal has been announced. For now, the ruling clears the way for the bakery’s flying elephant to take flight with its “Impossible Bakers” brand officially protected across the European Union.