Spanish cava maker Castellblanch has failed in an attempt at the European Court of Justice's Court of First Instance to secure European Union-wide trademark rights to a castle logo, with the words 'cristal' and 'castellblanch'.

The move was opposed by France's Champagne Louis Roederer, which claimed it would be confused with its own 'cristal' mark. The Champagne house was originally supported by the Office for Harmonisation in the Internal Market (Trade Marks and Designs), which blocked the Spaniards' application, but they appealed to the court, who also refused to approve the mark.

Even for well-informed French consumers "there is a likelihood of confusion between the opposing marks," the court said.

An appeal can be made to the senior ECJ, but only on points of law.