Chocolates Lacasa denounced the shoemaker Illice Internacional SA of Elche for appropriating the name of its peanuts with cocoaThe magistrate Francisco Marín questions that the chocolatemaker did not denounce the homonymy during 26 years of coexistenceThe Conguitos were created by a confectioner named Federico Díaz Martínez and registered on the 25th March 1963Conguitos in the mouth and on the feet. The Supreme Court (TS) has concluded that a footwear company from Elche (Alicante) can continue to market Conguitos shoes aimed at children, as it does not conflict with the interests of the Zaragoza-based candy manufacturer Chocolates Lacasa Internacional SA, which sells the well-known cocoa-coated peanuts, the famous ones, Conguitos, famous for their motto: “We are the conguitos and we are very well, dressed in chocolate with a peanut body.” A sentence of the Civil Chamber of the Supreme Court of September 14, 2022, against which there is no appeal and to which EFE has agreed, rejects the appeals filed by Chocolates Lacasa Internacional SA and Comercial Chocolates SA against a ruling by the EU Trademark Court number 1, based in the Provincial Court of Alicante, which agreed with Illice Internacional SA, which among its brands has Conguitos for children’s footwear. The Supreme Court indicates that the Elche shoemaker has used without opposition Conguitos were used for class 25 of the Nice classification relating to products and brands for derivatives of footwear, clothing and headgear from 1990 to 2016, the latter year in which the chocolate company denounced this use. The Conguitos were created by a confectioner named Federico Díaz Martínez and registered on March 25, 1963 in the Industrial Property Registry. After creating the Lacasitos brand in 1982, Chocolates Lacasa acquired the Conguitos brand in 1986. Judge’s arguments In a ruling with Judge Francisco Marín as rapporteur , the high court believes that the fact that the owner of the Conguitos brand for chocolates, sweets, nougats, bonbons and candies did not resort during the first 26 years of life of the shoes with the same name generated a state of trust in Illice Internacional SA. In this way, the Supreme Court ends the judicial process for the appellant, which is based in Zaragoza, since there is no appeal against the ruling, which is firm and imposes the costs on the parties. Consulted by EFE, the company that owns Conguitos shoes, based in the Elche Parque Empresarial, has refrained from making any statement related to the litigation and has referred to the content of the judgment.