Aldi Failed at Registering the Aldi Brand Savoritz Trademark
What’s interesting is that Aldi was unable to register the SAVORITZ trademark. In fact, the SAVORITZ trademark application was denied in view of existing registered trademarks for RITZ crackers. Despite this, Aldi continues to use the SAVORITZ name. And, that’s sometimes OK. Often, the Trademark Office (USPTO) denies a trademark application based on existing trademark registrations and prior pending applications.
A rejection by the Trademark Office is not the same thing as trademark infringement. When examining a trademark for confusingly similar marks that would block your application, the USPTO mostly focuses on two factors: (1) The similarity of the trademarks and (2) the similarity / relatedness of the goods. The federal courts, however, consider many other factors that more accurately reflect marketplace conditions.
Also, the Trademark Office is not always correct with their opinions on confusion. That is why the Trademark Act provides several levels of appeals for such decisions. Further, the case law in the federal courts declares that Trademark Office decisions concerning registration of a trademark are not binding on the issue of trademark infringement.