Log in


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
Ergo v Urgo

In cases T-220/09 and T-221/09, the General Court upheld the findings of likelihood of confusion between earlier Community trademark URGO and applied for marks ERGO and ERGO GROUP for identical goods in Classes 3 and 5.

The Court reviewed carefully the analysis carried out by the BoA and found that although the Board erred in some aspects of the visual and phonetic comparison, it ratified the overall conclusion of the similarity of the signs. Visually, for the sign ERGO GROUP, the term GROUP must be considered as having a weak distinctive character, so the words ERGO and URGO are visually similar. From an aural perspective, ERGO in English will be pronounced as the word ‘ergonomic’ and URGO as the word ‘urge’ so there is a quasi-identical phonetic similarity. Finally from a conceptual point of view, ERGO is a Latin word meaning “thus” or “consequently” existing in several languages, including English, as an abstract word with a legal or philosophical connotation. However, it is not commonly used or well-known by the average consumer, which is the relevant public. Therefore, the Board rightly found that there is no conceptual difference to counterbalance the similarities between the trademarks in question.

Posted by: Laetitia Lagarde @ 09.01
Tags: general court, likelihood of confusion,ergo, urgo,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2482
Reader Comments: 0
Post a Comment

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

The Class 46 Archive








+44 (0)116 2747355
+44 (0)116 2747365

Unit Q, Troon Way Business Centre
Humberstone Lane, Leicester


Ingrid de Groot
Internal Relations Officer
Alessandra Romeo
External Relations Officer
James Nurton
Newsletter Editor
Robert Harrison

Signup for our blogs.
Headlines delivered to your inbox