Spain’s Supreme Court rings the changes: Only Bimbo can sell a ‘Dónut’

A familiar pastry at the heart of a legal fight

by Lorraine Williamson
Spain trademark ruling on dónut

Spain’s attachment to language often reveals itself in unexpected places. This time it centres on the country’s most familiar ring-shaped treat. After years of dispute, the Supreme Court has ruled that “dónut”—complete with its accented Spanish spelling—belongs to one company alone. The verdict confirms that the term remains a protected trademark, and only Grupo Bimbo may use it commercially.

Trademark cases involving everyday words are unusual but not new. Global examples range from “champagne”,  and “Yorkshire pudding”, to “feta,” yet few involve such an ordinary snack. The ruling underlines the tension between language as a cultural commons and branding as corporate property.

How a pastry became a courtroom regular

The dispute began in 2017 when Atlanta Restauración Temática marketed its own pastries using terms such as “Donut,” “Donuts,” and the more imaginative “Redondoughts.” Lower courts initially backed the company, arguing that “dónut” had entered everyday vocabulary and therefore lost its distinctive commercial meaning.

But the Supreme Court took the opposite view. A dictionary entry, it ruled, does not automatically strip a brand of its protection. What matters is public perception. And for most Spaniards, the judges said, “donut” still calls to mind a specific producer. The connection remained strong enough for Bimbo to defend exclusivity.

The judgment brings an end to one of Spain’s most talked-about trademark battles—one that many assumed was unwinnable because of how deeply the word has embedded itself in Spanish speech.

Bimbo’s long footprint in Spain’s bakery sector

The decision also casts a spotlight on Grupo Bimbo, which has operated in Spain since 1965. Although Mexican-owned since the 2011 integration, the brand is now woven into Spain’s bakery culture. Its portfolio covers everything from sliced bread and tostadas to packaged pastries stocked in supermarkets nationwide.

In recent years, the company has pursued green energy contracts across its factories while facing criticism for logistics restructures and job losses. The court victory, celebrated by Bimbo as “historic,” reinforces its influence in a competitive market where branding often matters as much as taste.

What the ruling means for producers and shoppers

Rival bakeries now face a straightforward but costly implication: they must rename their ring-shaped pastries. The protected term cannot appear on packaging, advertising, menus, or promotional materials unless Bimbo grants permission.

For consumers, little changes. People are free to use “dónut” in everyday speech, and dictionaries will continue to define the pastry as they always have. The restriction applies solely to commercial contexts. But the ruling acts as a reminder of how vulnerable well-known terms can become as they edge closer to generic use.

Trademark specialists suggest the judgment may embolden companies to challenge others using near-generic brand names. The dónut ruling is a lesson in timing: lose distinctiveness early, and a brand dissolves into the language; maintain public association, and it stays protected—accent and all.

A ruling that could reshape Spanish food branding

The Supreme Court’s decision adds to a broader conversation about how Spain navigates the line between language and commercial identity. If “dónut” remains protected, other culinary terms—many borrowed, adapted or trademarked decades ago—could face renewed scrutiny.

For now, Spain’s pastry lovers won’t notice the difference on the shelves. But behind the scenes, companies are already redesigning labels, marketing teams are hunting for alternatives, and one of Spain’s most recognisable brand names stands a little firmer in law.

Source:

Huffington Post

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