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General Court: battle of the vitamin waters
In case T-410/2, the General Court dismissed the appeal brought regarding the following signs
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Vitaminaqua Ltd (UK) CTM applicant |
Energy Brands Inc (USA) opponent |
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National marks (Portugal, France, Spain, Italy): VITAMINWATER CTM and UK marks GLACÉAUvitaminwater Figurative and 3D marks:
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Classes 5, 30, 32 |
Classes 5, 30, 32 for among others “flavored water” |
The Board of appeal cancelled the decision of the Opposition division and found there is a likelihood of confusion according to Article 8 (1) b) CTMR on the basis of earlier national marks vitaminwater.
The signs are similar from an aural and visual point of view since “vitaminaqua” is the dominant element in the contested sign , the other word elements in earlier marks are written in a much smaller font «glacéau» et «nutrient enhanced water". They are highly similar if not identical for the Portuguese consumer from a conceptual point of view since “vitamin” and "acqua" will be easily understood since they are similar in most latin languages, and “water” is a basic English word understood by the French, Portuguese or Spanish public.
Even if the earlier marks have a weak distinctive character, there is a likelihood of confusion for the goods concerned for most European consumers, in particular English speaking public.
On the other hand, see what no consumer could reasonably be misled to thinking, here on Ipkat
Posted by: Laetitia Lagarde @ 14.18Tags: General Court: likelihood of confusion, vitamin water, vitamin acqua,
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