Level of similarity of marks

EUIPO, European Union, EUTM, Figurative mark, General Court, Level of similarity of marks, Likelihood of confusion

(Lubberger Lehment )/ /Leave a comment

A recent decision by the General Court deals with the weight of figurative elements in the overall impression of a sign. Facts The applicant applied for the registration of the following sign as an EU trademark for ‘publication of printed matter for advertising purposes’ (class 35) and for ‘entertainment services’ in class 41: The intervener…

Acquired Distinctiveness, Appeal, cancellation, Case law, Confusion, Distinctiveness, EUIPO, Level of similarity of marks, Likelihood of confusion, Similarity of marks, United Kingdom

, (Stobbs IP)/ /Leave a comment

The General Court of the European Union (“GCEU”), annulling the Board of Appeal (“BOA”) decision, found that L’Oreal’s K K WATER mark is not confusingly similar to Heinze’s earlier K mark. It was not disputed that the hair treatment goods covered by L’Oreal’s K K WATER mark in Class 3 (a sub-brand of its leading house…

Confusion, descriptive, descriptive elements, Distinctive Character, Distinctiveness, Germany, Lack of distinctiveness, Level of similarity of marks, National law, National marks, Opposition, Similarity of marks, Trademark, Weak elements in trademarks

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The question of how far descriptive or non-distinctive trademarks which somehow managed to be registered may be enforced is of particular relevance in jurisdictions like Germany which acknowledge their incontestability ten years after registration. The more recent approach of the European Court of Justice (ECJ) was that it accepted likelihood of confusion also in a…

Austria, Infringement action, Level of similarity of marks, National marks

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On imitation marketing and locally limited likelihood of confusion between the product get-up of “Mozartkugel” confectionery.   The city of Salzburg is not only the birthplace of Wolfgang Amadeus Mozart, but also home to one of Austria’s most famous sweets, the „(Salzburger) Mozartkugeln”. The Austrian Supreme Court (“OGH”) recently decided in a conflict between two…

Case law, Germany, Level of similarity of marks, Opposition, Trademark

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Where the marks differ in only a single additional letter at the end of one of the marks, can the resulting similarity be “neutralized” by the conceptual differences? The German Federal Patent Court decided on 19 June 2017 that the opposing mark “Combit” and the attacked mark  were overall dissimilar and that, even if there…

Company names, Domain name, EUTM, Genuine use, Level of similarity of marks, Names, National marks, Opposition, The Netherlands, Trademark

(NLO Shieldmark)/ /Leave a comment

In a decision of a Dutch District Court earlier this year[1], the American fast-food chain Wendy’s suffered a loss against a local Dutch snack restaurant, which bears the name WENDY’S. The trademark registration owned by the same snack restaurant blocks the American chain to enter the market. Although this case has similarities with the story…

Infringement, Level of similarity of marks, The Netherlands, Weak elements in trademarks

(NLO Shieldmark)/ /Leave a comment

Being a fashion company is not easy, in two ways. First, you have to be careful what to print on your clothing, even when this is meant as decorative artwork. On the other hand, you have to be watchful that your trademark is not printed on products of competitors, under the pretense of – the…

Confusion, Level of similarity of marks, Opposition

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The GOLDEN BALLS saga continues: after losing in the last round before the Board of Appeal of the EUIPO, Golden Balls Limited has once again taken its case (or cause?) to the General Court in Luxembourg (“GC”) (pending case T‑8/17). For recollection: in 2007, two applications for registration of GOLDEN BALLS as EU trademarks were…