In the assessment of the similarity of signs, visual, phonetic and conceptual similarity are evaluated and it is not necessary that similarity exist in all three aspects, one can suffice. Nonetheless, in the global assessment of likelihood of confusion,  visual, phonetic and conceptual similarity do not actually carry the same weight, and often the balancing…

  On 30 January 2020, the General Court of the European Union confirmed the Board of Appeal’s decision rejecting the opposition brought by Julius Sämann against the EUTM application for the sign shown above, based (inter alia) on the silhouette of its “magic tree”: (Case no. T-559/19). The Court agreed with the Board of Appeal…